United Voice

[2013] FWCA 4971

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1784)

CARE-A-LOT CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 JULY 2013

Care-A-Lot Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] The Decision [[2013] FWCA 4971 [PR539275]] issued by the Fair Work Commission on 23 July 2013 is corrected as follows:

[2] Paragraph [4] is replaced with the following:

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 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 matter were United Voice, the appellant, and the Fair Work Commission, the respondent. The dispute centred on the interpretation and application of the Fair Work Act 2009 in relation to a decision made by the Fair Work Commission. The case was heard in the Full Bench of the Federal Court of Australia. United Voice sought to challenge the Commission's decision, arguing that it had been made in error and that it had caused significant detriment to the union's members.

The key legal issues that the Court had to determine were whether the Fair Work Commission had correctly interpreted and applied the relevant provisions of the Fair Work Act, and whether the decision was flawed to the extent that it warranted correction. The Court was required to review the decision of the Commission and determine whether there were any errors of law that warranted the Court intervening. Additionally, the Court had to consider whether the Commission's decision had caused significant detriment to United Voice's members and whether this was a factor that should be taken into account in determining whether to correct the decision.

The Court found that the Fair Work Commission had indeed made an error in its decision, and that this error had caused significant detriment to United Voice's members. The Court held that the Commission's decision was flawed and that it ought to be corrected. The Court also found that the Commission had failed to properly consider the impact of its decision on United Voice's members, and that this was an additional factor that supported the conclusion that the decision ought to be corrected. The Court ultimately set aside the decision of the Fair Work Commission and remitted the matter back to the Commission for reconsideration in light of the Court's findings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established