United Voice

[2013] FWCA 5233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2070)

BANGALOW COMMUNITY CHILDREN’S CENTRE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 31 JULY 2013

Application for approval of the Bangalow Community Children’s Centre Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bangalow Community Children’s Centre 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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 parties involved in this case were United Voice, the applicant, and the employer of the workers covered by the proposed agreement. The dispute centred on whether the Fair Work Commission should approve the Bangalow Community Children’s Centre Big Steps Enterprise Agreement 2013. This case was heard in the Fair Work Commission, the body responsible for overseeing workplace agreements in Australia.

The primary legal issue before the court was whether the proposed agreement met the statutory criteria for approval. The court had to consider whether the agreement contained the required provisions for wages, conditions, and other employment terms, and if it provided a fair and reasonable balance of benefits for the employees. Additionally, the court needed to determine whether the agreement complied with relevant industrial laws and if it had been properly negotiated between the employer and the union.

The court reviewed the proposed agreement and found that it contained the necessary provisions for wages, conditions, and other employment terms. The court also determined that the agreement provided a fair and reasonable balance of benefits for the employees, as it took into account the specific needs of the workers at the Bangalow Community Children’s Centre. Furthermore, the court found that the agreement complied with relevant industrial laws and had been properly negotiated between the employer and the union. Based on these findings, the court approved the Bangalow Community Children’s Centre Big Steps Enterprise Agreement 2013, allowing it to be implemented as a legally binding agreement between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established