United Voice Summary | CaseChat AU

[2013] FWCA 5343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7654)

ALBERT WATERWAYS CHILDREN’S CENTRE INC AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 AUGUST 2013

Application for approval of the Albert Waterways Children’s Centre Inc and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Albert Waterways Children’s Centre Inc 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 9 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 this matter, the Albert Waterways Children’s Centre Inc and United Voice sought approval of an enterprise agreement under the Fair Work Act 2009. The applicants argued the agreement was fair and reasonable, while objectors raised concerns over certain provisions. The case was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the agreement was fair and reasonable in terms of its content, coverage, and process. The Commission had to consider if the agreement was negotiated in good faith, if it provided for fair and reasonable terms and conditions, and if it was covered by a certified agreement or covered by a relevant award. Additionally, the Commission needed to examine if the agreement was made in accordance with the requirements of the Fair Work Act.

The Fair Work Commission determined that the agreement was fair and reasonable on the whole, despite some concerns raised by the objectors. The Commission found that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement was covered by a certified agreement and that it was made in accordance with the requirements of the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Albert Waterways Children’s Centre Inc and United Voice Big Steps Enterprise Agreement 2013. The approval is effective from 1 April 2013 and will remain in force until 31 March 2018.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established