United Voice

[2013] FWCA 5334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7648)

ALBANY CREEK KIDS AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 2 AUGUST 2013

Application for approval of the Albany Creek Kids and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Albany Creek Kids 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 the matter of United Voice, the Fair Work Commission was asked to approve the Albany Creek Kids and United Voice Big Steps Enterprise Agreement 2013. The applicants, United Voice and the Queensland Teachers' Union, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was opposed by several employers, including the Queensland Department of Education, who argued that the agreement failed to meet the requirements of the Act.

The primary legal issue before the Commission was whether the agreement contained all the necessary terms required by the Fair Work Act and the regulations. Specifically, the Commission needed to determine whether the agreement met the "better off overall test" and whether it contained the correct bargaining representatives. Another significant issue was whether the agreement adequately covered the terms and conditions of employment for the employees in the relevant bargaining unit.

The Fair Work Commission found that the agreement did indeed meet all the necessary requirements. The Commission confirmed that the bargaining representatives were correctly identified and that the agreement contained all the mandated terms, including the provisions for a better off overall test. The Commission also determined that the agreement was comprehensive in its coverage of the employees' terms and conditions of employment. As a result, the Commission approved the agreement, recognising it as a registered enterprise agreement. The employers' opposition was dismissed, and the agreement was registered accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established