United Voice

[2013] FWCA 5440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7581)

CAIRNS TAFE COMMUNITY CHILDCARE CENTRE PARENT MANAGEMENT COMMITTEE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 7 AUGUST 2013

Application for approval of the Cairns Tafe Community Childcare Centre Parent Management Committee and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Tafe Community Childcare Centre Parent Management Committee 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 14 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, as the registered trade union for the employees of the Cairns Tafe Community Childcare Centre, applied to the Fair Work Commission for approval of the Enterprise Agreement between the union and the childcare centre. The applicant union argued that the agreement provided for appropriate terms and conditions for the employees, and sought approval of the agreement under the Fair Work Act 2009. The childcare centre opposed the application on the basis that the agreement did not provide for appropriate terms and conditions for the employees, and that the union did not have majority support of the relevant employees.
The court was required to determine whether the agreement provided for appropriate terms and conditions for the employees, and whether the union had majority support of the relevant employees. In determining whether the agreement provided for appropriate terms and conditions for the employees, the court considered whether the agreement provided for fair and reasonable terms and conditions in accordance with the Fair Work Act 2009. In determining whether the union had majority support of the relevant employees, the court considered whether the union had the support of a majority of the relevant employees, as required by the Fair Work Act 2009.

The court found that the agreement provided for appropriate terms and conditions for the employees, and that the union had majority support of the relevant employees. The court found that the agreement provided for fair and reasonable terms and conditions in accordance with the Fair Work Act 2009, and that the union had the support of a majority of the relevant employees. The court approved the agreement and dismissed the application. The court found that the agreement provided for appropriate terms and conditions for the employees, and that the union had majority support of the relevant employees. The court approved the agreement and dismissed the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established