United Voice Summary | CaseChat AU

[2013] FWCA 5654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7827)

SWALLOW STREET CHILDCARE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 13 AUGUST 2013

Application for approval of the Swallow Street Childcare and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swallow Street Childcare and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Voice, the Fair Work Commission was tasked with approving the Swallow Street Childcare and United Voice Big Steps Enterprise Agreement 2013. The dispute arose from the negotiation process between the two parties, Swallow Street Childcare and United Voice, an Australian trade union. The primary issue before the Commission was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement provided fair and reasonable terms for the employees, complied with the procedural requirements, and adhered to the provisions of the Fair Work Act. Specifically, the Commission examined if there were genuine negotiations, whether the agreement contained necessary provisions such as minimum wages, conditions, and dispute resolution mechanisms, and if the agreement was in the best interest of the employees.

The Fair Work Commission found that the agreement was the product of genuine negotiations and contained all necessary provisions as required by law. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, complied with all statutory requirements, and was in the best interest of the workforce. Based on these findings, the Commission approved the Swallow Street Childcare and United Voice Big Steps Enterprise Agreement 2013.

As a result of the approval, the agreement became legally binding on both parties, ensuring that the employees would be covered by its terms and conditions. This decision underscored the importance of adhering to the legislative framework governing enterprise agreements and the Commission's role in ensuring fair outcomes for both employers and employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established