United Voice Summary | CaseChat AU

[2013] FWCA 3268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6217)

TOP END EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2012

Northern Territory
COMMISSIONER LEE	MELBOURNE, 23 MAY 2013

Application for approval of the Top End Early Learning Centre Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Top End Early Learning Centre Enterprise Agreement 2012 (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 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 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 30 May 2013. The nominal expiry date of the Agreement is 30 December 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice applied to the Fair Work Commission for approval of the Top End Early Learning Centre Enterprise Agreement 2012. The application was opposed by the Australian Education Union and the Early Childhood Educators Union of Australia. The unions contended that the agreement did not appropriately safeguard the rights of employees to be free from discrimination, including discrimination based on sex, marital status, and pregnancy. The unions further argued that the agreement did not provide adequate protection against dismissal for certain employees.

The Commission was required to determine whether the agreement met the "better off overall test" as set out in the Fair Work Act 2009. This involved considering whether the employees were better off overall with the agreement than they would have been without it. The Commission considered the terms of the agreement, including those relating to pay, conditions of employment, and dispute resolution. The Commission also considered the evidence and submissions of the parties, including expert evidence on the impact of the agreement on employees.

After considering all the evidence and submissions, the Commission found that the agreement met the better off overall test. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections against discrimination and dismissal. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms. The Commission approved the agreement, finding that it was in the interests of the employees to do so.

No further orders were made.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established