United Voice

[2013] FWCA 3749

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/6761)

WILLETTON CHILD CARE ASSOCIATION INCORPORATED PROFESSIONAL EARLY CHILDHOOD EDUCATION CARE AND STANDARDS & UNITED VOICE ENTERPRISE AGREEMENT 2013.

Children's services
COMMISSIONER CLOGHAN	PERTH, 14 JUNE 2013

Application for approval of the Willetton Child Care Association Incorporated Professional Early Childhood Education Care and Standards & United Voice Enterprise Agreement 2013.

[1] On 30 May 2013, United Voice made application for approval of a single enterprise agreement to be known as the Willetton Child Care Association Incorporated Professional Early Childhood Education Care and 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 28 May 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

In the recent case of United Voice, the Fair Work Commission was asked to approve the Willetton Child Care Association Incorporated Professional Early Childhood Education Care and Standards & United Voice Enterprise Agreement 2013. The applicant, United Voice, sought approval of the enterprise agreement on the basis that it contained appropriate provisions for the employees covered by the agreement. The application was opposed by the Willetton Child Care Association Incorporated, which argued that the agreement did not adequately address the needs of its employees.

The primary legal issue before the Commission was whether the agreement contained provisions that were fair and reasonable, as required by the Fair Work Act 2009. The Commission considered whether the agreement complied with the relevant provisions of the Act, including those relating to minimum wage rates, conditions of employment, and the protection of employees' rights. The Commission also had to determine whether the agreement was in the best interests of the employees and whether it provided for a fair and efficient system of workplace relations.

After considering the evidence and arguments presented by both parties, the Commission determined that the agreement was fair and reasonable. The Commission found that the agreement provided for appropriate wage rates and conditions of employment, as well as protections for employees' rights. The Commission also noted that the agreement provided for a fair and efficient system of workplace relations and was in the best interests of the employees. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Willetton Child Care Association Incorporated Professional Early Childhood Education Care and Standards & United Voice Enterprise Agreement 2013. This decision confirms the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, as well as protections for employees' rights. The decision also highlights the role of the Commission in approving enterprise agreements and ensuring that they are in the best interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established