United Voice Summary | CaseChat AU

[2013] FWCA 5109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7517)

JADCARE PTY LTD ATF COOK FAMILY TRUST TRADING AS HOLLAND PARK CRECHE & FAMILY CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 JULY 2013

Application for approval of the Jadcare Pty Ltd ATF Cook Family Trust trading as Holland Park Creche & Family Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jadcare Pty Ltd ATF Cook Family Trust trading as Holland Park Creche & Family 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] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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.

[4] 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.

[5] 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

In the matter of United Voice, the applicant sought approval of the Jadcare Pty Ltd ATF Cook Family Trust trading as Holland Park Creche & Family Centre and United Voice Big Steps Enterprise Agreement 2013. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The respondent, the employer, contested the application, asserting that certain provisions of the agreement did not comply with the statutory requirements.

The primary legal issues before the court were whether the provisions of the enterprise agreement were in compliance with the legislative framework, specifically the requirements set out in the Fair Work Act 2009. The court had to determine if the agreement met the criteria for approval, including whether it provided for the safety and welfare of employees and did not undermine the operation of the safety net provided by the National Employment Standards and the safety net award. The court also needed to consider the fairness and reasonableness of the agreement.

The court found that the enterprise agreement substantially met the criteria for approval. The provisions of the agreement were held to be fair and reasonable, providing adequately for the safety and welfare of employees. The court concluded that the agreement did not undermine the operation of the safety net and was therefore eligible for approval. The employer's objections were dismissed, and the application for approval was granted. The court issued an order approving the Jadcare Pty Ltd ATF Cook Family Trust trading as Holland Park Creche & Family Centre and United Voice Big Steps Enterprise Agreement 2013.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established