United Voice

[2013] FWCA 5418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7636)

PLAY STATION (QLD) PTY LTD T/A KIDS R US GYMPIE AND BURRUM KIDS R US AND UNITED VOICE BIG STEPS AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 6 AUGUST 2013

Application for approval of the Play Station (QLD) Pty Ltd t/a Kids R Us Gympie and Burrum Kids R Us and United Voice Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Play Station (QLD) Pty Ltd t/a Kids R Us Gympie and Burrum Kids R Us and United Voice Big Steps 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 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 Fair Work Commission, United Voice, an employee organisation, sought approval of an agreement between the organisation and Play Station (QLD) Pty Ltd trading as Kids R Us Gympie and Burrum Kids R Us. The agreement, known as the United Voice Big Steps Agreement 2013, was intended to govern employment conditions of staff within the business. The matter was heard by the Commission and required it to determine the legal validity and appropriateness of the agreement.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was a good faith bargain between the parties, provided fair and reasonable terms, and complied with procedural requirements. The Commission had to examine the process by which the agreement was made and the content of the agreement itself to ascertain its fairness and reasonableness. Additionally, the Commission had to ensure that the agreement was made in good faith and without any coercion.

The Fair Work Commission determined that the agreement was a genuine and bona fide agreement between the parties, achieved through good faith bargaining. The Commission found that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the industry and the specific circumstances of the employees. The Commission also confirmed that the agreement complied with all necessary procedural requirements and was not the result of any coercion or undue influence. Consequently, the Commission approved the United Voice Big Steps Agreement 2013, recognising it as a valid and enforceable enterprise agreement.

The final orders of the Commission included the approval of the United Voice Big Steps Agreement 2013, effective from the date of the decision. The agreement was to apply to all employees of Play Station (QLD) Pty Ltd trading as Kids R Us Gympie and Burrum Kids R Us who were covered by the agreement. The Commission's decision provided clarity and legal certainty for both the employer and the employees, ensuring that the terms of the agreement would be upheld and enforced in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established