United Voice Summary | CaseChat AU

[2013] FWCA 4399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1634)

RANDWICK OPEN CARE FOR KIDS AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Randwick Open Care For Kids 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 Randwick Open Care For Kids 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

In the matter of United Voice, an application was made before the Fair Work Commission to approve the Randwick Open Care For Kids and United Voice Big Steps Enterprise Agreement 2013. United Voice, the applicant, is a trade union representing employees in various sectors, while Randwick Open Care For Kids is an employer within the childcare industry. The dispute centred on the procedural fairness of the negotiation process and whether the agreement reflected the appropriate bargaining principles.

The court had to determine whether the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining. This included examining if the union had acted fairly in representing its members and if the employer had engaged in the negotiation process in good faith. Additionally, the court assessed if the agreement provided adequate protections and benefits to the employees, in line with the standards set by the Fair Work Act.

The court found that the negotiation process was conducted in good faith by both parties, and the agreement was genuinely negotiated. The union demonstrated fair representation of its members, and the employer engaged constructively in the bargaining process. The agreement was comprehensive, covering a range of employment conditions, and was deemed to provide fair and reasonable protections and benefits for the employees. Consequently, the court approved the enterprise agreement, finding it to be consistent with the principles of good faith bargaining and compliant with the requirements of the Fair Work Act.

The Fair Work Commission approved the Randwick Open Care For Kids and United Voice Big Steps Enterprise Agreement 2013, affirming its compliance with the statutory requirements and its fairness to the employees involved.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established