United Voice

[2013] FWCA 4371

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7187)

FORWIN CHILDCARE INVESTMENTS PTY LTD ATF FORWIN CHILDCARE INVESTMENTS TRUST TRADING AS THE SOUTHPORT CHILDREN'S EDUCATIONAL CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Forwin Childcare Investments Pty Ltd ATF Forwin Childcare Investments Trust trading as The Southport Children's Educational 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 Forwin Childcare Investments Pty Ltd ATF Forwin Childcare Investments Trust trading as The Southport Children's Educational 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 Enterprise Agreement between Forwin Childcare Investments Pty Ltd, trading as The Southport Children's Educational Centre, and United Voice, as per the Big Steps Enterprise Agreement 2013. The case was heard in the Fair Work Commission, where the applicant, United Voice, is a registered organisation that represents employees, and the respondent, Forwin Childcare Investments Pty Ltd, is the employer.

The legal issues before the court centred on whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement complied with the procedural requirements for registration and whether it adhered to the provisions that ensure minimum standards of pay and conditions are not undercut. Additionally, the court examined if the agreement was made in good faith and if it provided for the appropriate process for the resolution of workplace disputes.

The court found that the agreement complied with the procedural requirements and met the criteria for registration. It was determined that the agreement did not undercut minimum standards and was made in good faith. The court also noted that the agreement included appropriate processes for resolving workplace disputes. Consequently, the court approved the Enterprise Agreement, finding that it was fit for registration.

The Fair Work Commission approved the Big Steps Enterprise Agreement 2013 between Forwin Childcare Investments Pty Ltd and United Voice. The approval ensures that the agreement will be registered and enforceable, providing a framework for the employment conditions of the workers at The Southport Children's Educational Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established