United Voice

[2013] FWCA 5252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7348)

KYFHO PTY LTD T/A EDENBROOK EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS AGREEMENT 2013

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

Application for approval of the KYFHO Pty Ltd T/A Edenbrook Early Learning Centre and United Voice Big Steps Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KYFHO Pty Ltd T/A Edenbrook Early Learning 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, 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 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

In the case of United Voice, the Fair Work Commission was asked to approve a workplace agreement between KYFHO Pty Ltd, trading as Edenbrook Early Learning Centre, and United Voice. The dispute centred around the proposed terms of the agreement, which was intended to govern the employment conditions of workers at the early learning centre. The Commission was required to determine whether the agreement complied with the applicable provisions of the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement met the requirements for a single interest enterprise agreement, as well as whether the agreement contained all the necessary terms and conditions as prescribed by the Fair Work Act. The Commission also needed to ensure that the agreement did not discriminate against any group of employees and was made in good faith.

The Commission found that the agreement complied with the necessary legislative requirements and was made in good faith. It determined that the agreement was a single interest enterprise agreement and contained all the required terms and conditions. The Commission was satisfied that the agreement did not unfairly discriminate against any group of employees and was therefore approved. The approval of the agreement ensures that the employment conditions for workers at Edenbrook Early Learning Centre are governed by the terms set out in the United Voice Big Steps Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established