United Voice

[2013] FWCA 4624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1577)

CHESTER HILL KINDERGARTEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Chester Hill Kindergarten and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Chester Hill Kindergarten 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 applicant, United Voice, sought approval of the Chester Hill Kindergarten and United Voice Big Steps Enterprise Agreement 2013 from the Fair Work Commission. The agreement in question was entered into by the Chester Hill Kindergarten and United Voice, an industrial organisation. The dispute centred on whether the agreement complied with the relevant statutory provisions under the Fair Work Act 2009. Specifically, the application required scrutiny to determine if the agreement met the criteria for approval, including whether it was made in good faith, and whether it provided for the proper operation of the kindergarten.

The court had to decide whether the agreement contained all necessary terms and conditions as required by the Fair Work Act, and if the agreement was made in good faith. Additionally, the court examined if the agreement was fair and reasonable in terms of its impact on the parties involved, and whether it adhered to the provisions of the Fair Work Act. The court also needed to consider if the agreement had been made following proper consultation and negotiation processes.

The Fair Work Commission determined that the agreement was made in good faith and included all necessary terms and conditions. The court found that the agreement was fair and reasonable, providing for the proper operation of the kindergarten. It also confirmed that the agreement was made following appropriate consultation and negotiation processes. Consequently, the Commission approved the Chester Hill Kindergarten and United Voice Big Steps Enterprise Agreement 2013, allowing it to come into effect as per the terms specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established