United Voice Summary | CaseChat AU

[2013] FWCA 4458

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6942)

CHILDREN @ BAY TERRACE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 11 JULY 2013

Application for approval of the Children @ Bay Terrace and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Children @ Bay Terrace 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought approval of the Children @ Bay Terrace and United Voice Big Steps Enterprise Agreement 2013. The respondent, the Australian Education Union, opposed the application. The matter was heard in the Fair Work Commission, an industrial relations tribunal. The legal issues before the Commission involved whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning procedural fairness and whether the agreement was in the interests of the employees. The Commission had to determine if United Voice, as the representative of the employees, had conducted proper consultations and if the agreement was fair and reasonable.

The Commission found that United Voice had engaged in meaningful consultation processes with the employees, ensuring their views were considered in the agreement. It was noted that United Voice had taken steps to facilitate employee participation, including distributing explanatory materials and holding meetings. The Commission was satisfied that procedural fairness was observed throughout the consultation process. Regarding the fairness of the agreement, the Commission considered various factors, including the benefits provided to employees, such as wage increases and improved working conditions. It concluded that the agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement. It found that United Voice had adequately consulted with employees and that the agreement was fair and reasonable. The Commission acknowledged the improvements in the terms and conditions of employment provided by the agreement, which were deemed to be in the interests of the employees. The decision was made in accordance with the relevant statutory provisions and upheld the procedural integrity of the agreement formation process.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established