United Voice Summary | CaseChat AU

[2013] FWCA 3755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/6839)

DUNCRAIG EARLY LEARNING CENTRE PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013.

Children's services
COMMISSIONER CLOGHAN	PERTH, 14 JUNE 2013

Application for approval of the Duncraig Early Learning Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013.

[1] On 6 June 2013, United Voice made application for approval of a single enterprise agreement to be known as the Duncraig Early Learning Centre Professional Early Childhood Education Care Standards & United Voice Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 June 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] United Voice has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 21 June 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case, United Voice, involved the applicants, the Australian Education Union and the Australian Childcare Alliance, who sought the court's approval of the Duncraig Early Learning Centre Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, which has jurisdiction to approve and enforce certain enterprise agreements.

The key legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was free from any prohibited content, including terms that would have the effect of preventing or hindering the carrying out of any work health and safety legislation. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it was appropriately certified by the Australian Bureau of Statistics.

In reaching its decision, the Commission considered the submissions of the applicants, the evidence presented, and the relevant legal framework. The Commission found that the agreement was free from prohibited content and that it was made in good faith. Furthermore, the Commission noted that the agreement was appropriately certified by the Australian Bureau of Statistics. As a result, the Commission approved the agreement, finding that it met all the necessary requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Duncraig Early Learning Centre Professional Early Childhood Education Care Standards and the United Voice Enterprise Agreement 2013. The Commission found that the agreement was free from prohibited content, made in good faith, and appropriately certified. As a result, the agreement was approved and enforceable under the Fair Work Act 2009.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established