United Voice

[2013] FWCA 4972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/7299)

CHILDS WORLD MANAGEMENT PTY LTD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Childs World Management Pty Ltd 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 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

The matter before the Fair Work Commission involved an application for approval of the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought to have the agreement approved as a modern award. The respondent, Childs World Management Pty Ltd, contested the approval on various grounds. The dispute was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for a modern award. The respondent argued that the agreement failed to comply with the Act and did not constitute a modern award. The applicant contended that the agreement was compliant and should be approved.

The Fair Work Commission found that the agreement did comply with the provisions of the Act and met the criteria for a modern award. The Commission considered the negotiation process, the content of the agreement, and its alignment with the principles of the Act. The Commission held that the agreement provided appropriate protections for employees and that it was fair and reasonable. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Childs World Management Pty Ltd and United Voice Big Steps Enterprise Agreement 2013 as a modern award. This decision provides clarity for both the applicant and the respondent regarding the terms of the agreement and its application in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established