United Voice

[2013] FWCA 4349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6550)

JINGILI KINDERGARTEN AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER LEE	MELBOURNE, 3 JULY 2013

Application for approval of the Jingili Kindergarten and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Jingili Kindergarten and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by United Voice (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The employer has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] United Voice, being 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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of United Voice, the Fair Work Commission was asked to approve the Jingili Kindergarten and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought approval of the agreement, which was made between the respondent, Jingili Kindergarten, and employees covered by the agreement. The dispute centred on the terms and conditions of employment for the employees of the kindergarten, specifically those outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. This included whether the agreement had been made in good faith and without coercion, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement met the requirements for a "single interest" enterprise agreement, which is an agreement made between an employer and a single union that represents the employees. The Commission also had to assess whether the agreement provided for adequate protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment.

The Commission found that the enterprise agreement met the necessary criteria for approval. The agreement was made in good faith and without coercion, and it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the requirements for a "single interest" enterprise agreement, as it was made between the employer and a single union that represented the employees. Furthermore, the Commission was satisfied that the agreement provided for adequate protections for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. As a result, the Commission approved the Jingili Kindergarten and United Voice Big Steps Enterprise Agreement 2013.

The Commission's approval of the enterprise agreement means that the terms and conditions outlined in the agreement will now apply to the employees of the Jingili Kindergarten. The agreement provides for a range of employment conditions, including minimum rates of pay, leave entitlements, and other benefits. The approval of the agreement is an important step in ensuring that employees of the kindergarten are provided with fair and reasonable terms of employment, and that their rights and interests are protected 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