United Voice Summary | CaseChat AU

[2013] FWCA 5225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7559)

NOAH’S ARK KINDERGARTEN AND DAY CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Noah’s Ark Kindergarten and Day Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Noah’s Ark Kindergarten and Day Care Centre and United Voice 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] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I have accepted the undertaking attached to this decision which has been given by the employer.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 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 case of United Voice involved an application for the approval of a particular enterprise agreement. The applicant, United Voice, sought approval for the Noah’s Ark Kindergarten and Day Care Centre and United Voice Big Steps Enterprise Agreement 2013. The primary dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act, and whether the agreement was made in good faith and without coercion. Additionally, the court had to determine if the agreement fairly reflected the balance of power between the employer and the employees.

The court found that the enterprise agreement did indeed include all the mandatory terms as required by the Fair Work Act. Furthermore, the court was satisfied that the agreement was made in good faith and without any element of coercion. The court also concluded that the agreement fairly reflected the balance of power between the parties. Based on these findings, the court approved the enterprise agreement.

In summary, the court approved the Noah’s Ark Kindergarten and Day Care Centre and United Voice Big Steps Enterprise Agreement 2013, finding that it met all legal requirements and was made without coercion. The agreement was thus deemed to fairly represent the balance of power between the employer and the employees.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established