United Voice Summary | CaseChat AU

[2013] FWCA 3761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6514)

UNITED VOICE AND CHINESE AUSTRALIAN EARLY LEARNING CENTRE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 12 JUNE 2013

Application for approval of the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice. The Agreement is a single enterprise agreement.

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

[3] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought approval of the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013 from the Fair Work Commission. The respondent, the Chinese Australian Early Learning Centre, opposed the approval of the agreement. The dispute was heard in the Fair Work Commission, the body responsible for resolving workplace disputes and promoting cooperative workplace relations.

The central legal issue was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "bare essentials" agreement, meaning it contained minimum terms and conditions of employment. Additionally, the Commission needed to ascertain whether the agreement was made in good faith and if it was free from any improper influence or coercion.

The Commission examined the agreement to ensure it met the statutory requirements for approval. The Commission found that the agreement contained the minimum terms and conditions of employment and was, therefore, a "bare essentials" agreement. The Commission also determined that the agreement was made in good faith, without any improper influence or coercion. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the United Voice and Chinese Australian Early Learning Centre Big Steps Enterprise Agreement 2013, finding it met the statutory requirements for approval. The Commission ordered that the agreement be registered and enforceable as a binding enterprise agreement 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