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[2013] FWCA 4457

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7229)

GRAMMA'S HOUSE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the Gramma's House and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Gramma's House 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) 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 18 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

United Voice, an organisation representing employees in various industries, applied for approval of the Gramma's House and United Voice Big Steps Enterprise Agreement 2013. The application was made to the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The applicants sought approval for the agreement, which was intended to govern the employment terms and conditions of workers in Gramma's House, a provider of residential care services.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 232 of the Act. This required the Commission to consider whether the agreement had been made in accordance with the relevant provisions of the Act, and whether it contained the minimum terms and conditions prescribed by law. The Commission also needed to determine if the agreement was in the public interest, and whether it had been made without undue coercion or pressure on the parties involved.

The Commission found that the agreement had been made in accordance with the Act, and contained the minimum terms and conditions required by law. The Commission also determined that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions for employees, and facilitated the provision of quality residential care services. The Commission was satisfied that the agreement had been made without undue coercion or pressure on the parties. Accordingly, the Commission approved the Gramma's House and United Voice Big Steps Enterprise Agreement 2013.

The Fair Work Commission approved the Gramma's House and United Voice Big Steps Enterprise Agreement 2013, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement had been made in accordance with the Act, contained the minimum terms and conditions required by law, and was in the public interest. The Commission was satisfied that the agreement had been made without undue coercion or pressure on the parties involved.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established