United Voice

[2013] FWCA 4990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1806)

MIRACLES ON RUSSELL EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 JULY 2013

Application for approval of the Miracles on Russell 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 Miracles on Russell 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 of the Act, will operate from 30 July 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

In the Fair Work Commission, United Voice, the applicant, sought approval of the Miracles on Russell Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, Miracles on Russell Early Learning Centre, opposed the application on the basis that the agreement did not comply with the provisions of the Fair Work Act 2009. The dispute involved the interpretation and application of the Act and the agreement to determine whether it met the legal standards for approval.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the mandated minimum terms and conditions of employment as per section 234 of the Act. A secondary issue was whether the agreement was made in good faith and whether it provided for a fair and efficient system for resolving workplace disputes. The Commission had to assess the agreement's provisions against these statutory benchmarks to determine its validity.

The Commission found that the agreement substantially complied with the mandated minimum terms and conditions set out in the Fair Work Act 2009. It noted that while there were minor discrepancies, these did not significantly impact the overall fairness and efficiency of the agreement. The Commission was satisfied that the agreement was made in good faith and provided an effective mechanism for resolving workplace disputes. Consequently, the Commission approved the agreement, finding it to be fair and balanced in its terms and conditions.

The Fair Work Commission approved the Miracles on Russell Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, determining that it met the statutory requirements for approval under the Fair Work Act 2009. The decision underscored the importance of compliance with minimum employment standards and the need for agreements to be made in good faith and to facilitate effective dispute resolution. The Commission's approval of the agreement ensures that it will govern the employment conditions of the parties, providing a framework for their workplace relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established