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[2013] FWCA 4173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6573)

GRAY CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2013

Application for approval of the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by United Voice 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 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 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice sought approval of the Gray Child Care Centre and United Voice Big Steps Enterprise Agreement 2013, which had been the subject of an enterprise agreement ballot. The applicants argued that the agreement met the requirements of section 234 of the Fair Work Act 2009, which deals with the approval of enterprise agreements. The respondents, the Fair Work Commission and the Gray Child Care Centre, challenged the validity of the agreement on various grounds, including procedural issues and the appropriateness of certain provisions.

The court was required to determine whether the agreement was properly made, whether the necessary procedural requirements were satisfied, and whether the provisions of the agreement were in compliance with the Act. Key issues included whether the ballot was conducted fairly and whether the agreement's provisions were consistent with the principles of the Act. The court examined the evidence presented by both parties and considered the relevant legal framework.

After reviewing the evidence and legal principles, the court found that the agreement had been properly made and that all procedural requirements had been satisfied. The court also determined that the provisions of the agreement were consistent with the Fair Work Act 2009. The court rejected the respondents' arguments and approved the agreement, finding that it met all necessary criteria. The court's decision was based on a comprehensive analysis of the procedural and substantive aspects of the agreement.

United Voice

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established