United Voice Summary | CaseChat AU

[2013] FWCA 4635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1536)

SARAH BEAR’S DAY CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT BOOTH	SYDNEY, 11 JULY 2013

Application for approval of the Sarah Bear’s Day Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sarah Bear’s Day Care 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] 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) of the Act, I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Sarah Bear’s Day Care Centre and United Voice Big Steps Enterprise Agreement 2013 was heard by the Fair Work Commission. The applicant, United Voice, sought approval of the agreement, which covered employees of Sarah Bear’s Day Care Centre. The agreement aimed to set out the terms and conditions of employment for these workers.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically if it was a “single interest enterprise agreement”. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it provided for a proper process for the resolution of employee disputes.

The Commission found that the agreement was a single interest enterprise agreement as it met the criteria set out in the Act. The agreement was made in good faith, as evidenced by the negotiations between the parties and the independent assessment of the agreement. Furthermore, the agreement provided for a proper process for the resolution of employee disputes through the establishment of a dispute resolution committee. Therefore, the Commission approved the agreement.

The final orders of the Commission included the approval of the Sarah Bear’s Day Care Centre and United Voice Big Steps Enterprise Agreement 2013, which would now apply to the employees of Sarah Bear’s Day Care Centre. The agreement was to be registered with the Fair Work Commission and would remain in effect until 30 June 2018 or until terminated in accordance with the provisions of the Act.

United Voice

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Legal Principle Established