United Voice

[2013] FWCA 5339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7596)

RRKC PTY LTD T/A ROSE RAINBOW KINDERGARTEN AND PRE SCHOOL AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 AUGUST 2013

Application for approval of the RRKC Pty Ltd T/A Rose Rainbow Kindergarten and Pre School and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RRKC Pty Ltd T/A Rose Rainbow Kindergarten and Pre School 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

The applicant, United Voice, sought approval of an enterprise agreement between itself and the respondent, RRKC Pty Ltd T/A Rose Rainbow Kindergarten and Pre School. The application was brought before the Fair Work Commission. The crux of the dispute lay in the interpretation and application of various sections of the Fair Work Act 2009, particularly regarding the requirements for the approval of enterprise agreements and the procedural fairness owed to the parties involved. The central issue was whether the application met the statutory criteria for approval and whether proper process had been observed.

The Commission examined whether the application complied with the provisions of the Fair Work Act, including whether the agreement had been made in good faith and whether it contained essential elements such as pay and conditions. The Commission also considered whether United Voice had properly represented the interests of the employees and if the process leading to the agreement was fair and transparent. The court focused on the procedural fairness, ensuring that all parties had an opportunity to be heard and that the agreement was not prejudicial to any party.

After careful consideration of the evidence and arguments presented, the Fair Work Commission found that the application met the necessary statutory criteria. The Commission concluded that the agreement was made in good faith and contained all essential elements as required by the Act. Furthermore, the process leading to the agreement was deemed to be fair and transparent, with all parties having an opportunity to be heard. The Commission approved the enterprise agreement, finding that it was compliant with the Fair Work Act.

The final orders of the Commission were that the application for approval of the enterprise agreement be granted. The agreement between United Voice and RRKC Pty Ltd T/A Rose Rainbow Kindergarten and Pre School was approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established