United Voice Summary | CaseChat AU

[2013] FWCA 5102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7292)

FIRST LEARNINGS CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 JULY 2013

Application for approval of the First Learnings Child 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 First Learnings Child 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] 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

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CaseChat Overview and Summary

In the recent decision of United Voice, the Fair Work Commission (FWC) was called upon to approve an enterprise agreement between the First Learnings Child Care Centre and United Voice, an Australian union. The dispute centred on whether the proposed agreement, the United Voice Big Steps Enterprise Agreement 2013, met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was free from any unfair provisions and whether it complied with the relevant provisions of the Act, including provisions relating to minimum wages, conditions, and dispute resolution.

The central legal issue before the FWC was whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they met the statutory requirements for approval. Key points of contention included the provisions relating to the classification and remuneration of employees, the definition and application of penalty rates, and the mechanisms for resolving disputes. The Commission also needed to consider the implications of the agreement on the employees' rights and protections, ensuring that the agreement did not undermine their entitlements.

In its reasoning, the FWC examined the specific clauses of the agreement and the evidence presented by the parties. The Commission took into account the economic context, the bargaining positions of the employer and the union, and the broader principles of fairness and equity. The FWC found that the agreement did not contain any unfair provisions and was in compliance with the statutory requirements. The Commission concluded that the agreement provided a fair and reasonable framework for the employment of childcare workers, balancing the interests of both the employees and the employer. The agreement was thus approved by the FWC.

United Voice

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Background to the litigation

Evidence Before The Court

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Legal Principle Established