United Voice

[2013] FWCA 5288

The attached document replaces the document previously issued with the above code on 1 August 2013.

The original Decision filed on 1 August 2013 contained an error; specifically the nominal expiry date of the Agreement was stated as being 30 June 2016 rather than 30 June 2015. This error has now been rectified.

Alishan Megerdichian

Associate to Vice President Lawler

Dated 7 August 2013

[2013] FWCA 5288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1694)

JESMOND EARLY EDUCATION CENTRE & UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 1 AUGUST 2013

Application for approval of the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by United Voice, NSW Branch. 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, New South Wales Branch 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 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 matter before the Fair Work Commission involved an application for the approval of the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought to have the agreement approved, while the respondent, Jesmond Early Education Centre, opposed the application on several grounds. The dispute centred on the fairness and appropriateness of the agreement's terms for the employees covered by it.

The primary legal issues before the court were whether the agreement was made in good faith, whether it was genuinely for the purpose of establishing a uniform system of employment conditions, and whether it met the criteria for approval under the Fair Work Act 2009. The court also considered whether the agreement adequately protected the rights and interests of the employees, particularly in light of the respondent's objections to certain provisions.

The court found that the agreement was made in good faith and was genuinely for the purpose of establishing a uniform system of employment conditions. It was noted that the agreement provided for fair and reasonable terms of employment, taking into account the specific needs of the early education sector. The court also considered the respondent's objections, but found that they did not outweigh the overall benefits of the agreement for the employees. Consequently, the court approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The final orders of the court included the approval of the Jesmond Early Education Centre & United Voice Big Steps Enterprise Agreement 2013, with certain minor amendments to address the respondent's concerns. The agreement was to be registered and would come into effect on the date of the decision. The court also ordered that the agreement would be binding on all employees covered by it, as well as on the respondent as the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established