United Voice Summary | CaseChat AU

[2013] FWCA 5550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7538)

INGHAM EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 9 AUGUST 2013

Application for approval of the Ingham Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ingham Early Learning 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 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

In the matter of United Voice, the Fair Work Commission (FWC) was asked to approve the Ingham Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The dispute arose from negotiations between the employer and the union, United Voice, over the terms and conditions of employment for early childhood education and care workers.

The primary legal issues before the FWC involved the interpretation and application of the Fair Work Act 2009. The employer argued that certain provisions in the agreement were not fair and reasonable, while the union contended that the provisions were necessary to ensure fair pay and conditions. The FWC had to determine whether the agreement met the statutory requirements for approval, including fairness, efficiency, and productivity.

The FWC considered the economic and social context of the early childhood education and care industry, the parties' bargaining positions, and the principles of enterprise bargaining. The FWC found that the provisions in question were fair and reasonable, considering the specific circumstances of the industry and the need to support the workforce adequately. The FWC approved the agreement, highlighting the importance of achieving a balance between the interests of the employer and employees.

The FWC's final orders included the approval of the Ingham Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, with specific conditions to ensure compliance with the Fair Work Act 2009. The decision underscored the FWC's role in mediating disputes and promoting fair work practices in Australia.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established