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[2013] FWCA 4386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1614)

LANE COVE MONTESSORI & UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 JULY 2013

Lane Cove Montessori & United Voice Big Steps Enterprise Agreement 2013.

[1] The Decision [[2013] FWCA 4386 [PR538560]] issued by the Fair Work Commission on 4 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 11 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Lane Cove Montessori and United Voice were parties to a dispute, which was heard in the Fair Work Commission. The central issue was whether the employer could rely on certain terms in the United Voice Big Steps Enterprise Agreement 2013 to enforce a requirement for employees to work on a public holiday. The employer argued that the agreement allowed them to direct employees to work on public holidays under certain conditions, while the union contended that such a requirement was unlawful.

The Commission examined the specific clauses of the enterprise agreement to determine their legal effect and whether they complied with relevant industrial laws. It considered whether the terms in question were sufficiently clear and whether the employer had followed proper procedures in seeking to enforce the requirement. The Commission ultimately found that the agreement did permit the employer to require employees to work on public holidays, provided certain conditions were met. However, it also determined that the employer had not followed the correct procedures, rendering the enforcement invalid.

In reaching its decision, the Commission highlighted the importance of clarity in enterprise agreements and the need for employers to follow proper protocols when enforcing work requirements. The employer's attempt to direct employees to work on a public holiday was deemed ineffective due to procedural flaws. Consequently, the Commission ruled in favour of the union, affirming that the employer could not lawfully require employees to work on public holidays without following the correct process.

The Fair Work Commission ordered that the employer could not enforce the requirement for employees to work on public holidays as per the contested terms of the enterprise agreement. The decision underscored the necessity for precise language in agreements and adherence to procedural requirements when enforcing work obligations.

United Voice

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