United Voice

[2013] FWCA 5107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1987)

GREEN GABLES KINDERGARTEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Green Gables Kindergarten and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Green Gables Kindergarten 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

United Voice, on behalf of its members employed at Green Gables Kindergarten, applied for approval of the Green Gables Kindergarten and United Voice Big Steps Enterprise Agreement 2013. The application was made pursuant to section 231 of the Fair Work Act 2009. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009 to be approved as a modern award. The court had to determine if the agreement contained the minimum terms and conditions of employment as specified in the Act, and if it had been fairly negotiated.

The court examined the provisions of the agreement and the process by which it was negotiated. The court found that the agreement contained all the required minimum terms and conditions and was the product of genuine negotiations between the parties. The evidence demonstrated that the agreement had been negotiated in good faith, and the terms were fair and reasonable. The court was satisfied that the agreement was a genuine enterprise agreement, as defined in the Act, and thus approved the application for registration. The court's approval was contingent upon the agreement being lodged with the Fair Work Commission within the specified timeframe.

As a result of the court's decision, the Green Gables Kindergarten and United Voice Big Steps Enterprise Agreement 2013 was approved and registered. The agreement was to be lodged with the Fair Work Commission within the time prescribed by the Fair Work Act 2009. The registration of the agreement meant that it would have legal effect as a modern award, binding on the employer and the employees covered by the agreement. The decision ensured that the employees at Green Gables Kindergarten would be entitled to the terms and conditions set out in the approved agreement, providing them with a fair and effective means of regulating their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established