United Voice

[2013] FWCA 5575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7816)

THE JAMES FAMILY TRUST AND THE JUILLERAT FAMILY TRUST TA CUDDLE BUGS KINDERGARTEN AND PRE PREP AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 9 AUGUST 2013

Application for approval of The James Family Trust and The Juillerat Family Trust TA Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The James Family Trust and The Juillerat Family Trust TA Cuddle Bugs Kindergarten and Pre Prep and United Voice 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 16 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

United Voice made an application to the Fair Work Commission for approval of an enterprise agreement entered into with The James Family Trust and The Juillerat Family Trust trading as Cuddle Bugs Kindergarten and Pre-Prep. The application came before the Commission on an expedited basis and was heard in Melbourne on 22 August 2016. The Commission was required to consider whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission found that the application was made in accordance with the requirements of the Fair Work Act. The agreement contained the minimum terms and conditions required by the Fair Work Act and was made in good faith and without coercion. The Commission found that the agreement was a genuine agreement between the parties and was not a sham or a pretext. The Commission approved the agreement.

The Fair Work Commission approved the enterprise agreement entered into between United Voice and The James Family Trust and The Juillerat Family Trust trading as Cuddle Bugs Kindergarten and Pre-Prep.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established