United Voice Summary | CaseChat AU

[2013] FWCA 5665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7768)

BRAY PARK CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Bray Park Childcare Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bray Park Childcare Centre 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

The applicant, United Voice, sought the approval of the Bray Park Childcare Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, Bray Park Childcare Centre, contested the application on several grounds. The dispute was heard in the Fair Work Commission.

The central issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. This involved examining the fairness of the agreement, its compliance with the Fair Work Act 2009, and the process by which it was negotiated. The Commission also needed to determine whether the application for approval was made in good faith and whether the agreement was likely to lead to improved workplace relations.

The Commission carefully considered the evidence and arguments presented by both parties. It assessed the negotiation process and found that the agreement was negotiated in good faith. The Commission also found that the terms of the agreement were fair and met the statutory requirements. Notably, the Commission was satisfied that the agreement would improve workplace relations and benefit the employees. As such, the application for approval was granted. The Bray Park Childcare Centre and United Voice Big Steps Enterprise Agreement 2013 was approved and will come into effect on the specified date.

The Commission's final orders included the approval of the enterprise agreement, setting out the terms and conditions for employees at the Bray Park Childcare Centre. The agreement was to be registered and binding on all parties involved. The Commission also ordered that the application fees be paid within the stipulated timeframe.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established