United Voice

[2013] FWCA 5104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1999)

NELSON BAY PRESCHOOL AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 JULY 2013

Application for approval of the Nelson Bay Preschool and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nelson Bay Preschool 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] 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 2 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 matter before the court involved an application for the approval of the Nelson Bay Preschool and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought the approval of the agreement under the Fair Work Act 2009. The application was contested by the Nelson Bay Preschool, which raised several objections to the proposed agreement. The Fair Work Commission was the tribunal that heard and decided the matter.

The central legal issues before the commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it was in the best interests of the employees. Key concerns raised by the Nelson Bay Preschool included the classification of certain positions within the agreement, the calculation of penalty rates, and the overall fairness of the terms and conditions proposed. The commission had to determine if the agreement provided for the fair and reasonable terms and conditions of employment, as mandated by the Act.

In its decision, the commission examined the evidence and submissions from both parties. It considered the nature of the work performed by the employees, the industry standards, and the specific circumstances of the Nelson Bay Preschool. The commission found that the proposed agreement was fair and reasonable in its terms and conditions, addressing the concerns raised by the preschool appropriately. It concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. Consequently, the commission approved the Nelson Bay Preschool and United Voice Big Steps Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established