United Voice

[2013] FWCA 4368

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7261)

STRADBROKE EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Stradbroke Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Stradbroke Early Learning Centre 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 12 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the applicant sought approval of the Stradbroke Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, Stradbroke Early Learning Centre, opposed the application on various grounds, including the appropriateness of the agreement's terms and the process by which it was negotiated. The case was heard by the Fair Work Commission.

The central legal issues before the court were whether the agreement met the statutory requirements for approval and if the negotiation process adhered to the principles of good faith and fairness. The court had to consider the substantive terms of the agreement, including pay rates, conditions, and dispute resolution mechanisms, and assess whether they were fair and reasonable. Additionally, the court examined the negotiation process to determine if it complied with the Fair Work Act's good faith requirements.

In delivering its decision, the Commission found that the agreement contained terms that were fair and reasonable, taking into account the needs and circumstances of the employees and the employer. The court acknowledged the efforts made by both parties to negotiate the agreement and determined that the process was conducted in good faith. The Commission approved the agreement, emphasising the importance of maintaining a cooperative and productive relationship between the employer and employees.

The Fair Work Commission approved the Stradbroke Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013, subject to any necessary modifications to ensure compliance with the Fair Work Act. The decision underscored the importance of fair and reasonable terms in enterprise agreements and the necessity of a good faith negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established