United Voice

[2013] FWCA 4406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1652)

GOSFORD CUBBYHOUSE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 4 JULY 2013

Application for approval of the Gosford Cubbyhouse and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Gosford Cubbyhouse 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). It has been made by United Voice. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 of the Act, will operate from 11 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved United Voice, an industrial organisation, and the Fair Work Commission. The Commission was asked to approve the Gosford Cubbyhouse and United Voice Big Steps Enterprise Agreement 2013. This agreement aimed to regulate the terms and conditions of employment for workers within the specified enterprise. The application for approval was necessary to ensure the agreement met the standards set out in the Fair Work Act 2009. The central legal issue before the Commission was whether the agreement complied with the requirements of the Act, particularly regarding the procedural fairness and substantive fairness of the agreement.

The Commission examined several aspects of the agreement, including the process by which it was negotiated and the content of its provisions. Procedural fairness was assessed based on whether the agreement was genuinely negotiated between the parties and whether there was compliance with the relevant procedures outlined in the Act. Substantive fairness involved evaluating the terms of the agreement to ensure they provided adequate protections and benefits to employees. The Commission considered whether the agreement met the standards of a modern award and whether it included provisions that were necessary to protect employees' rights and interests. The Commission concluded that the agreement was procedurally fair, having been negotiated between the parties, and substantively fair, as it provided adequate protections and benefits to employees.

The Fair Work Commission approved the Gosford Cubbyhouse and United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement met the necessary procedural and substantive fairness requirements under the Fair Work Act. The decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and included terms that adequately protected the rights and interests of employees. The approval of the agreement now allows it to be registered with the Fair Work Commission, providing legal certainty and clarity for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established