United Voice Summary | CaseChat AU

[2013] FWCA 5069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7440)

STRATHPINE TRAINEASE STATION CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	MELBOURNE, 25 JULY 2013

Application for approval of the Strathpine Trainease Station 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 Strathpine Trainease Station 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 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, an industrial organisation, sought the court's approval for the establishment of the Strathpine Trainease Station Child Care Centre and the ratification of the United Voice Big Steps Enterprise Agreement 2013. The application was lodged in the Fair Work Commission, which was required to determine whether the proposed enterprise agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it had been genuinely negotiated between the employer and the employees. The Commission also had to consider whether the agreement met the statutory requirements for approval, such as the provision of information to employees and the opportunity for employees to vote on the agreement.

In its decision, the Commission found that the proposed enterprise agreement was fair and reasonable and had been genuinely negotiated between the parties. The Commission noted that the agreement provided for a range of benefits for employees, including increased pay rates, improved leave entitlements, and better working conditions. The Commission also found that the agreement met the statutory requirements for approval, including the provision of information to employees and the opportunity for employees to vote on the agreement. Accordingly, the Commission approved the establishment of the Strathpine Trainease Station Child Care Centre and the ratification of the United Voice Big Steps Enterprise Agreement 2013.

The Fair Work Commission approved the establishment of the Strathpine Trainease Station Child Care Centre and the ratification of the United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement was fair and reasonable, had been genuinely negotiated, and met the statutory requirements for approval. The decision provides important guidance for employers and employees on the process for negotiating and approving enterprise agreements under the Fair Work Act.

United Voice

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Background to the litigation

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Legal Principle Established