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[2013] FWCA 4633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1491)

CRINGILA CHILDRENS HOUSE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Cringila Childrens House and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cringila Childrens 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). 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

In the recent case, United Voice sought approval of the Cringila Childrens House and United Voice Big Steps Enterprise Agreement 2013. This application was brought before the Fair Work Commission (FWC) with the intent to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The agreement in question was aimed at regulating the terms and conditions of employment for employees of Cringila Childrens House, who are members of United Voice.

The central legal issues before the Commission were whether the agreement complied with the formal requirements set out in the Fair Work Act and whether it was made in accordance with the Act's good faith bargaining provisions. Specifically, the Commission had to determine if the agreement was genuinely negotiated between the parties and if it met the necessary criteria for approval under the Act. The process of approval required the FWC to ensure that the agreement was not only procedurally correct but also substantively fair to the employees it covered.

The FWC found that the agreement met the formal requirements of the Act and was made in good faith. The Commission noted that the agreement was the result of genuine negotiations between the parties and contained provisions that were fair and reasonable. The FWC was satisfied that the agreement did not contain any provisions that were contrary to public policy or that would undermine the protections afforded by the Fair Work Act. Consequently, the Commission approved the agreement as a registered agreement, effective from the date of the decision.

In summary, the Fair Work Commission approved the Cringila Childrens House and United Voice Big Steps Enterprise Agreement 2013 as a registered agreement. The decision affirmed that the agreement was negotiated in good faith and met the necessary legal requirements, thus ensuring its enforceability under the Fair Work Act.

United Voice

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