[2013] FWCA 5113 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
United Voice
(AG2013/7528)
MOUNT LOUISA CHILD CARE CENTRE MANAGEMENT COMMITTEE (PROPERTY TRUST Q, UNITING CHURCH) AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013
Educational services | |
VICE PRESIDENT CATANZARITI | SYDNEY, 26 JULY 2013 |
Application for approval of the Mount Louisa Child Care Centre Management Committee (Property Trust Q, Uniting Church) and United Voice Big Steps Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Mount Louisa Child Care Centre Management Committee (Property Trust Q, Uniting Church) 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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- AGLC
- United Voice [2013] FWCA 5113
- Case
- [2013] FWCA 5113
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the enterprise agreement was validly certified and if it satisfied the procedural and substantive requirements for approval. Specifically, the court examined whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with the procedural prerequisites for certification. The court also had to consider the nature of the bargaining process and whether the union's representation was legitimate.
The court found that the enterprise agreement was validly certified and met the statutory requirements for approval. The court emphasised the importance of good faith bargaining and the need for the agreement to provide for a fair and efficient workplace. The court noted that the union had adequately represented the employees and that the agreement was fair and efficient. The court also found that the procedural requirements for certification were satisfied, including the requirement for a majority of employees to support the agreement. The court concluded that the enterprise agreement should be approved.
The Fair Work Commission approved the enterprise agreement, finding that it met all the statutory criteria for approval. The agreement was deemed to provide for a fair and efficient workplace and to comply with the procedural requirements of the Fair Work Act 2009. The court's decision was based on a comprehensive analysis of the bargaining process, the representation of the union, and the content of the agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees of the Mount Louisa Child Care Centre are governed by a legally binding enterprise agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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