United Voice

[2013] FWCA 4389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/1632)

BURNS BAY COTTAGE & UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Burns Bay Cottage & 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 Burns Bay Cottage & 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 applicant, United Voice, sought approval of the Burns Bay Cottage and United Voice Big Steps Enterprise Agreement 2013, under the Fair Work Act 2009. The respondents, Burns Bay Cottage and United Voice Big Steps, opposed the application on the basis that the agreement was not in the best interests of the employees covered by the agreement, primarily due to concerns about its financial implications and its impact on the employees' entitlements. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement, which proposed changes to the employees' working conditions and remuneration, was fair and reasonable in the circumstances. The Commission had to consider the statutory criteria set out in the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees. The Commission also needed to determine whether the agreement complied with any relevant modern awards or agreements.

The Commission examined the evidence presented by both parties and found that the proposed changes in the agreement were reasonable and fair. The Commission noted that the agreement provided for fair compensation for the employees, and that the changes would not result in a detriment to the employees' overall entitlements. The Commission was satisfied that the agreement was in the best interests of the employees, and that it complied with the relevant modern awards. Consequently, the Commission approved the Burns Bay Cottage and United Voice Big Steps Enterprise Agreement 2013.

The Fair Work Commission approved the Burns Bay Cottage and United Voice Big Steps Enterprise Agreement 2013. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also determined that the agreement complied with the relevant modern awards. The respondents' application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established