United Voice Summary | CaseChat AU

[2013] FWCA 5055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/7437)

SNUGGLEPOT GARDEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 25 JULY 2013

Application for approval of the Snugglepot Garden and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Snugglepot Garden 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 and 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 1 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 applicant, United Voice, sought the Fair Work Commission's approval of the Snugglepot Garden and United Voice Big Steps Enterprise Agreement 2013. The respondent, Snugglepot Garden, opposed the application on several grounds, including concerns over the agreement's compliance with various legislative requirements. The matter was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the necessary criteria for endorsement.

The court had to determine if the agreement was a "bargained" agreement as defined by section 172 of the Fair Work Act 2009, and whether it was a "good faith" agreement as required by section 174. Additionally, the court examined if the agreement contained all the mandatory terms prescribed by section 178 of the Act and if it was consistent with the applicable minimum entitlements set out in the National Employment Standards. The court also had to consider if the agreement was procedurally fair and if it complied with the good faith bargaining obligations.

The Fair Work Commission found that the agreement was indeed a bargained and good faith agreement. It contained all the mandatory terms and complied with the minimum entitlements. The commission was satisfied that the agreement was procedurally fair and adhered to the good faith bargaining obligations. Consequently, the application for approval was successful. The commission endorsed the agreement, marking it as approved under the Fair Work Act.

The commission's final order was to approve the Snugglepot Garden and United Voice Big Steps Enterprise Agreement 2013. The agreement was to be registered and published as required by the Act, ensuring that it would come into effect as per its terms. This decision provided clarity on the compliance and validity of the agreement, facilitating its implementation in the workplace.

United Voice

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