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[2013] FWCA 5422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2111)

CHILDRENS HAVEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	DARWIN, 6 AUGUST 2013

Application for approval of the Childrens Haven and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Childrens Haven 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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 Federal Court of Australia, the application for approval of the Childrens Haven and United Voice Big Steps Enterprise Agreement 2013 was heard. The application involved the dispute between the applicant, Childrens Haven, and the respondent, United Voice, a registered trade union. The agreement in question sought to regulate the employment terms and conditions for certain employees under the Fair Work Act 2009.

The primary legal issue before the Court was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 for registration. Specifically, the Court had to determine if the agreement was made in good faith and whether it provided for the mandatory bargaining items as outlined in the Act. Additionally, the Court assessed if the agreement contained provisions that were not contrary to public policy or that would unfairly discriminate against employees.

In considering these issues, the Court examined the negotiation process and contents of the agreement. It found that the agreement was made in good faith and contained all the mandatory bargaining items required by the Act. The Court also noted that the agreement did not contain any provisions that were contrary to public policy or that unfairly discriminated against employees. Consequently, the Court approved the agreement and ordered its registration.

The Court's final order was that the Childrens Haven and United Voice Big Steps Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision provided legal certainty to the terms and conditions of employment for the employees covered by the agreement.

United Voice

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