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[2013] FWCA 4452

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7256)

OLSEN AVENUE COMMUNITY CHILDREN'S CENTRE INC AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Olsen Avenue Community Children's Centre Inc and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Olsen Avenue Community Children's Centre Inc 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 16 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Olsen Avenue Community Children's Centre Inc to the Fair Work Commission for approval of the United Voice Big Steps Enterprise Agreement 2013. The applicant sought to have the agreement registered with the Fair Work Commission, and United Voice opposed the application. The dispute was heard by the Fair Work Commission.

The legal issue that the court had to decide was whether the agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act 2009. The court considered whether the agreement met the criteria for approval, including whether it was likely to improve the efficiency, productivity, or profitability of the enterprise, and whether it was likely to assist in the development of skills or in the transition of employees to new work.

The court found that the agreement was in the public interest and met the criteria for approval. The agreement provided for a flexible work arrangement that allowed employees to work from home or remotely, which the court found would improve the efficiency and productivity of the enterprise. The court also found that the agreement provided for a fair and reasonable remuneration package that was competitive with other similar enterprises. The agreement was therefore approved by the court.

The court ordered that the United Voice Big Steps Enterprise Agreement 2013 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the decision and would apply to all employees of the Olsen Avenue Community Children's Centre Inc who were covered by the agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established