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[2013] FWCA 5407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2144)

CANTERBURY CHILDRENS COTTAGE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

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

[1] An application has been made for approval of an enterprise agreement known as the Canterbury Childrens Cottage 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

The applicant, United Voice, sought approval of the Canterbury Childrens Cottage and United Voice Big Steps Enterprise Agreement 2013. The applicant argued the agreement was appropriate for approval as it provided for fair and reasonable terms for the employees. The respondents, Canterbury Childrens Cottage, contended the agreement did not meet the criteria for approval and was not suitable for the organisation’s employees.

The court was required to consider whether the agreement was in the public interest, whether it provided for fair and reasonable terms for the employees, and whether it met the criteria for approval. The court found that the agreement was in the public interest, provided for fair and reasonable terms for the employees, and met the criteria for approval.

The court approved the agreement and made an order accordingly. The agreement was deemed to have been approved by the Fair Work Commission and would be in effect from the date of the order. The court found that the agreement provided for fair and reasonable terms for the employees, was in the public interest, and met the criteria for approval. The respondents’ objections were dismissed.

United Voice

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