United Voice Summary | CaseChat AU

[2013] FWCA 5342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7627)

BRASSALL CHILDCARE CENTRE INC. TRADING AS BRASSALL CHILDCARE CENTRE AND UNITED VOICE BIG STEPS AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 AUGUST 2013

Application for approval of the Brassall Childcare Centre Inc. Trading as Brassall Childcare Centre and United Voice Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brassall Childcare Centre Inc. Trading as Brassall Childcare Centre and United Voice Big Steps 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, 18, 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 the case of United Voice, the application for the approval of the Brassall Childcare Centre Inc. trading as the Brassall Childcare Centre and United Voice Big Steps Agreement 2013 was brought before the Fair Work Commission. The Brassall Childcare Centre Inc. sought approval of the agreement, which was designed to establish terms and conditions of employment for its employees. United Voice, a trade union, was involved in the negotiation of the agreement and sought its approval as well.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a simple or low-complexity agreement, whether it contained the necessary terms and conditions, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement was a simple agreement and contained all the necessary terms and conditions. The Commission also found that the agreement was the product of good faith bargaining and was in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees of the Brassall Childcare Centre Inc.

The Fair Work Commission approved the Brassall Childcare Centre Inc. trading as the Brassall Childcare Centre and United Voice Big Steps Agreement 2013. The agreement is now a registered agreement under the Fair Work Act 2009 and will govern the employment conditions of the employees of the Brassall Childcare Centre Inc. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment, and that the agreement was the product of good faith bargaining.

United Voice

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Background to the litigation

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Legal Principle Established