United Voice

[2013] FWCA 4373

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7266)

CAMRON PROPERTY MANAGEMENT SERVICES PTY LTD ATF THE CAMPBELL FAMILY TRUST AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013-2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the Camron Property Management Services Pty Ltd ATF The Campbell Family Trust 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 Camron Property Management Services Pty Ltd ATF The Campbell Family Trust 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 12 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Camron Property Management Services Pty Ltd ATF The Campbell Family Trust and United Voice Big Steps Enterprise Agreement 2013-2015. The dispute centred around whether the enterprise agreement should be approved, given concerns raised by certain parties about the provisions related to union representation and employee conditions.

The key legal issues that the Commission needed to address were whether the agreement was genuinely an enterprise agreement and whether it met the requirements set out in the Fair Work Act 2009. Specifically, the Commission examined whether the agreement was made between the employer and the employees' union, whether it covered an appropriate enterprise, and whether it complied with the provisions concerning the bargaining period and the agreement's terms and conditions.

In determining the application, the Commission considered the evidence presented by both the employer and the union. The Commission found that the agreement was genuinely an enterprise agreement as it was made between the employer and the union, covering an appropriate enterprise. The agreement also complied with the bargaining period requirements and contained terms and conditions that were fair and reasonable. The Commission concluded that the agreement should be approved, as it met all the necessary criteria and did not unfairly disadvantage any party involved.

Consequently, the Fair Work Commission approved the Camron Property Management Services Pty Ltd ATF The Campbell Family Trust and United Voice Big Steps Enterprise Agreement 2013-2015, and the agreement came into effect on the date of the Commission's decision. The approval of the agreement ensures that the terms and conditions set out in the agreement are legally binding on the employer, employees, and the union, providing a framework for the workplace relations within the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established