United Voice

Case [2013] FWCA 4197


[2013] FWCA 4197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6561)

CASUARINA CHILDCARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory

COMMISSIONER LEE

MELBOURNE, 27 JUNE 2013

Application for approval of the Casuarina Childcare and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Casuarina Childcare 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 a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking 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 undertaking 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 4 July 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402061  PR538307>

Details
AGLC
United Voice [2013] FWCA 4197
Case
[2013] FWCA 4197
Decision Date

CaseChat Overview and Summary

The applicants, United Voice, sought approval of the Casuarina Childcare and United Voice Big Steps Enterprise Agreement 2013 from the Fair Work Commission. The applicants argued that the agreement provided for fair and reasonable terms and conditions for employees. The respondents, Casuarina Childcare, contested the application, arguing that certain provisions of the agreement were not fair and reasonable.

The court was required to determine whether the provisions of the enterprise agreement were fair and reasonable, in accordance with the Fair Work Act 2009. The court had to consider the impact of the agreement on the employees and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the enterprise agreement was fair and reasonable, taking into account the overall balance of the agreement and the interests of the employees. The court noted that the agreement provided for a range of benefits, including pay rates, leave entitlements, and other conditions of employment. The court also found that the agreement provided for a fair and reasonable process for resolving disputes between employees and employers.

The Fair Work Commission approved the Casuarina Childcare and United Voice Big Steps Enterprise Agreement 2013. The court ordered that the agreement be registered with the Fair Work Commission and that it be deemed to be in effect from the date of the application. The court also ordered that the agreement be published in the Commonwealth Gazette.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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