United Voice

[2013] FWCA 5306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1631)

FOREST CHILDCARE CENTRE & UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Forest Childcare Centre & United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Forest Childcare 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 court was an application by United Voice for the approval of the Forest Childcare Centre & United Voice Big Steps Enterprise Agreement 2013. This agreement, if approved, would govern the employment terms and conditions of workers employed by the Forest Childcare Centre. The Fair Work Commission was the relevant tribunal that heard the application. The primary legal issue before the tribunal was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, procedural fairness, and its provisions regarding wages, conditions, and other terms.

The tribunal examined the process through which the agreement was negotiated and whether it complied with the procedural fairness requirements. It also assessed whether the agreement covered all employees within the bargaining scope and whether the agreement was made in good faith. Furthermore, the tribunal evaluated the terms of the agreement to ensure they complied with the Fair Work Act, including the minimum standards for wages, leave, and other conditions. The tribunal found that the negotiation process was procedurally fair, the agreement covered all eligible employees, and it was made in good faith. The tribunal also determined that the terms of the agreement met the minimum standards set by the Fair Work Act, including provisions for wages, leave, and other employment conditions.

Consequently, the tribunal approved the Forest Childcare Centre & United Voice Big Steps Enterprise Agreement 2013, deeming it to be in compliance with the statutory requirements. The approval of this agreement legally binds the employer and the employees to the terms set out within the agreement. This decision ensures that the employment terms and conditions of the workers are regulated by a certified enterprise agreement rather than by individual contracts or awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established