United Voice Summary | CaseChat AU

[2013] FWCA 4626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1539)

ABERCROMBIE STREET CHILD CARE LTD AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Abercrombie Street Child Care Ltd and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Abercrombie Street Child Care Ltd 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 matter in United Voice was before the Fair Work Commission. The dispute involved the approval of the Abercrombie Street Child Care Ltd and United Voice Big Steps Enterprise Agreement 2013. The application for approval was made by United Voice, an industrial organisation. Abercrombie Street Child Care Ltd, an employer, and the employees covered by the agreement were also parties to the proceedings.

The central legal issue before the commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval. This involved assessing if the agreement complied with the "better off overall test," which ensures that employees are not worse off and have a genuine improvement in their terms and conditions of employment. The commission also needed to determine if the agreement had been made in good faith and whether it complied with the provisions of the Act regarding procedural fairness.

The Fair Work Commission found that the agreement satisfied the better off overall test, as it provided employees with a genuine improvement in their terms and conditions of employment. The commission also determined that the agreement had been made in good faith and was procedurally fair. Consequently, the commission approved the Abercrombie Street Child Care Ltd and United Voice Big Steps Enterprise Agreement 2013. The agreement was thus registered and became legally enforceable.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established