United Voice

[2013] FWCA 4454

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7214)

MAGANI MALU KES TOWNSVILLE LTD AND UNITED VOICE "BIG STEPS" ENTERPRISE AGREEMENT 2013 - 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 JULY 2013

Application for approval of the Magani Malu Kes Townsville Ltd and United Voice "Big Steps" Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Magani Malu Kes Townsville Ltd and United Voice "Big Steps" Enterprise Agreement 2013 - 2015 (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 involves an application for the approval of the Magani Malu Kes Townsville Ltd and United Voice "Big Steps" Enterprise Agreement 2013 - 2015. The application was brought before the Fair Work Commission (FWC) in Australia. United Voice, a union, and Magani Malu Kes Townsville Ltd, an employer, had negotiated an enterprise agreement. The agreement covered various terms and conditions of employment for the employees of the company. The union sought the FWC's approval of the agreement under the Fair Work Act 2009. The key legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act and whether it was appropriate to approve the agreement.

The FWC examined the agreement in detail, considering various aspects such as the negotiation process, the content of the agreement, and its impact on the employees. The Commission noted that the agreement was the result of good faith negotiations between the parties. It also found that the agreement contained provisions that were in line with the objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations. The FWC further observed that the agreement provided for fair and reasonable terms and conditions of employment for the employees. After carefully considering all the relevant factors, the FWC was satisfied that the agreement met the necessary requirements and was appropriate for approval.

The FWC approved the Magani Malu Kes Townsville Ltd and United Voice "Big Steps" Enterprise Agreement 2013 - 2015. The approval ensures that the agreement will now form the basis for the terms and conditions of employment for the employees of Magani Malu Kes Townsville Ltd during the specified period. The decision highlights the importance of good faith negotiations and the need for enterprise agreements to align with the objectives of the Fair Work Act. It also demonstrates the FWC's role in overseeing and approving enterprise agreements to ensure that they provide fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established