United Voice

[2013] FWCA 5800

The attached document replaces the document previously issued with the code [2013] FWC 5336 on 2 August 2013.

The original document was issued with incorrect reference numbers.

Penelope Curtis

Associate to Deputy President McCarthy

Dated 26 August 2013

[2013] FWCA 5800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7677)

JELLYBEANS CHILD CARE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 AUGUST 2013

Application for approval of the Jellybean Child Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jellybean Child Care Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were United Voice, as the applicant, and the Fair Work Commission. The dispute centred around the approval of the Jellybean Child Care Enterprise Agreement 2013, with United Voice seeking the Commission's approval for the agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related matters in Australia.

The legal issues the court needed to address were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court needed to determine if the agreement provided adequate protections for the employees and if it complied with the relevant legislative provisions. Additionally, the court needed to consider if the agreement was fair and reasonable in terms of the balance of rights and obligations between the employer and the employees.

The court examined the agreement and found that it complied with the statutory requirements of the Fair Work Act 2009. The court also found that the agreement provided adequate protections for the employees, as it included provisions for minimum wages, penalties for unlawful termination, and provisions for the payment of overtime. Furthermore, the court determined that the agreement was fair and reasonable in terms of the balance of rights and obligations between the employer and the employees. The court was satisfied that the agreement was in the best interests of the employees, and therefore, approved the agreement.

The Fair Work Commission approved the Jellybean Child Care Enterprise Agreement 2013, as it found that the agreement met the statutory requirements and was in the best interests of the employees. The court's decision provides guidance for future enterprise agreements and ensures that employees are adequately protected in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established