United Voice Summary | CaseChat AU

[2013] FWCA 5067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7417)

WILLMAREE PTY LTD T/A KINGSTON EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 25 JULY 2013

Application for approval of the Willmaree Pty Ltd T/A Kingston Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Willmaree Pty Ltd T/A Kingston Early Learning 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 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

United Voice brought an application before the Fair Work Commission (FWC) for approval of the Willmaree Pty Ltd T/A Kingston Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. United Voice is the applicant, while Willmaree Pty Ltd T/A Kingston Early Learning Centre is the respondent. The dispute concerns whether the enterprise agreement complies with the statutory requirements for approval by the FWC.

The central legal issue before the Commission was whether the agreement contained the necessary procedural fairness provisions and if it adhered to the mandatory standards set out in the Fair Work Act. The applicant argued that the agreement met all legal requirements and should be approved, while the respondent contested certain aspects of the agreement, claiming it did not comply with the statutory provisions.

The FWC found that the agreement substantially met the requirements of the Act. The Commission considered the agreement's procedural fairness provisions and the mandatory standards it included. It determined that while there were minor issues, these did not prevent the agreement from being approved. The FWC held that the agreement could be approved with minor modifications to address the non-compliance issues identified.

The FWC approved the enterprise agreement with the modifications required to ensure compliance with the Act. The final orders included specific changes to the agreement to rectify the non-compliant elements, ensuring that the agreement met all statutory requirements for approval.

United Voice

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