United Voice

[2013] FWCA 5034

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7607)

LITTLE LEGENDS ELC EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 24 JULY 2013

Application for approval of the Little Legends ELC Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Little Legends ELC Employees Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the union United Voice to the Fair Work Commission for the approval of the Little Legends ELC Employees Enterprise Agreement 2013-2015. The agreement was sought to be registered under the Fair Work Act 2009. The dispute centred around whether the enterprise agreement met the necessary criteria for approval, specifically if it complied with the requirements of the Fair Work Act, including provisions on minimum wages, penalty rates, and other terms and conditions of employment.

The central legal issue was whether the enterprise agreement satisfied the prerequisites for approval as set out in the Fair Work Act. The court needed to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test" which requires that employees be no worse off financially under the agreement compared to their previous conditions. Additionally, the court had to examine if the agreement appropriately covered the mandated minimum terms and conditions.

The Fair Work Commission found that the enterprise agreement met all statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions, including adequate provisions for wages, penalty rates, and other employment conditions. The Commission concluded that employees would not be worse off under the new agreement, satisfying the "better off overall test." Additionally, the agreement was found to comply with all relevant minimum terms and conditions prescribed by the Fair Work Act. Based on these findings, the Commission approved the registration of the enterprise agreement.

The Fair Work Commission approved the registration of the Little Legends ELC Employees Enterprise Agreement 2013-2015, confirming that it met all necessary criteria under the Fair Work Act. The decision was based on the findings that the agreement provided fair and reasonable terms and conditions for employees and satisfied the "better off overall test." The Commission also confirmed that the agreement complied with all statutory minimum terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established