United Voice

[2013] FWCA 4372

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/7204)

A & F TSELEPIS PTY LTD ATF THE TSELEPIS BUSINESS TRUST T/A LITTLE TOTS CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 5 JULY 2013

Application for approval of the A & F Tselepis Pty Ltd ATF The Tselepis Business Trust T/A Little Tots Child Care 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 A & F Tselepis Pty Ltd ATF The Tselepis Business Trust T/A Little Tots Child Care 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 from the Fair Work Commission for the A & F Tselepis Pty Ltd ATF The Tselepis Business Trust T/A Little Tots Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, United Voice, opposed the application on various grounds, raising concerns about the fairness and compliance of the proposed agreement with the relevant legislative framework.

The primary legal issue before the court was whether the enterprise agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. This involved assessing the agreement's terms concerning remuneration, working conditions, and procedural fairness, alongside ensuring it did not adversely affect the employees' rights or entitlements.

The Fair Work Commission carefully examined the provisions of the proposed agreement and considered the submissions from both parties. The court focused on whether the agreement provided a fair and reasonable balance of benefits and obligations for the employees. After thorough deliberation, the Commission concluded that the agreement did not adequately address the concerns raised by the respondent regarding procedural fairness and the protection of employee rights. Consequently, the application for approval was dismissed.

The Commission's decision highlighted specific areas of the agreement that required amendment to ensure compliance with the statutory obligations. The court's ruling mandated that the applicant revise the agreement to address the identified issues and resubmit it for consideration, ensuring it met the necessary standards under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established