United Voice

[2013] FWCA 5390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2110)

MONTESSORI BY THE BAY AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Montessori by the Bay and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Montessori by the Bay 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 Fair Work Commission, the applicant, United Voice, sought approval of the Montessori by the Bay and United Voice Big Steps Enterprise Agreement 2013. The respondent, Montessori by the Bay, opposed the application. The primary dispute centred around the procedural fairness of the agreement, specifically whether the agreement was negotiated in good faith and whether the employer had appropriately engaged with the bargaining process.

The court had to consider whether the employer had acted in good faith during the negotiation process, as well as whether the agreement was properly certified and approved. The legal issues also included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the process and content of the agreement. The court examined the evidence provided by both parties regarding the negotiation process, the communication between the employer and employees, and the overall fairness of the agreement.

The Fair Work Commission found that the employer had not engaged in good faith bargaining and had failed to provide the necessary information and opportunities for the employee representatives to participate in the negotiation process. The court also noted that the agreement did not adequately address certain aspects of employee entitlements and conditions. Consequently, the application for approval of the enterprise agreement was dismissed. The Commission highlighted the importance of good faith negotiations and proper engagement with the bargaining process for the successful approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established