United Voice

[2013] FWCA 5438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7630)

KIRWAN UNITING CHURCH CHILD CARE CENTRE MANAGEMENT COMMITTEE (PROPERTY TRUST Q UNITING CHURCH) AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 7 AUGUST 2013

Application for approval of the Kirwan Uniting Church Child Care Centre Management Committee (Property Trust Q Uniting Church) and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kirwan Uniting Church Child Care Centre Management Committee (Property Trust Q Uniting Church) 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 representative of a union of employees, applied to the Fair Work Commission for approval of the Kirwan Uniting Church Child Care Centre Management Committee (Property Trust Q Uniting Church) and United Voice Big Steps Enterprise Agreement 2013. The Property Trust Q Uniting Church contested the application on the basis that the agreement did not comply with the requirements of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, specifically Deputy President A Ryan, in Brisbane.

The legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Property Trust Q Uniting Church argued that the agreement did not meet the requirements for a single-enterprise agreement, as it contained provisions that were not limited to the employees of the child care centre. The Commission considered whether the agreement was a genuine single-enterprise agreement and whether it complied with the Fair Work Act's requirements for such agreements.

In determining the matter, the Commission examined the contents of the agreement and the bargaining process that led to its creation. The Commission found that the agreement was a genuine single-enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions that were relevant to the employees of the child care centre and that it did not contain any provisions that were not limited to those employees. The Commission also found that the bargaining process was conducted in good faith and that the agreement was not contrary to public policy. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Kirwan Uniting Church Child Care Centre Management Committee (Property Trust Q Uniting Church) and United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement was a genuine single-enterprise agreement that complied with the requirements of the Fair Work Act. The Commission rejected the Property Trust Q Uniting Church's argument that the agreement did not meet the requirements for a single-enterprise agreement and approved the agreement. The decision of the Commission is final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established