United Voice

[2013] FWCA 5409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7595)

ENOGGERA EARLY EDUCATION AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Enoggera Early Education and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Enoggera Early Education 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 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, the registered union, lodged an application for the approval of the Enoggera Early Education and United Voice Big Steps Enterprise Agreement 2013. The application was made under the Fair Work Act 2009. The dispute involved the validity and enforceability of the agreement, which was intended to govern the employment terms and conditions of workers in the early education sector.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement had been made in the course of genuine bargaining and whether it complied with the provisions of the Act that govern the content and form of enterprise agreements. The Commission also had to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement had been made in the course of genuine bargaining and that it complied with the relevant statutory requirements. The Commission noted that the union and the employer had engaged in a process of negotiation that was free from coercion, duress, or any other form of unfair labour practice. The Commission also found that the agreement contained all the prescribed terms and conditions and that it did not include any provisions that were inconsistent with the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, and it came into effect on 1 January 2014.

The Commission ordered that the Enoggera Early Education and United Voice Big Steps Enterprise Agreement 2013 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to apply to all employees of Enoggera Early Education who were members of United Voice and who were covered by the agreement. The Commission also ordered that the agreement be published in the Commonwealth Government Gazette and that a copy be provided to the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established