United Voice Summary | CaseChat AU

[2013] FWCA 3080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6341)

UNITED VOICE BIG STEPS AND COMMUNITY SERVICES OF GUNGAHLIN AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 MAY 2013

Application for approval of the United Voice Big Steps and Community Services of Gungahlin Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Big Steps and Community Services of Gungahlin 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 22 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, United Voice, sought approval of the United Voice Big Steps and Community Services of Gungahlin Enterprise Agreement 2013 from the Fair Work Commission. The respondents, Big Steps and Community Services of Gungahlin, opposed the application on the basis that the agreement was not fair and reasonable. The applicants argued that the agreement contained appropriate provisions for the workforce, including terms and conditions that were fair and reasonable in light of the enterprise's circumstances.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement were fair and reasonable. This involved assessing the balance of the agreement in terms of the rights, obligations, and entitlements of both the employees and the employer. The Commission had to consider the overall fairness of the agreement, including the impact of the agreement on the employees, the enterprise's capacity to pay, and whether the agreement complied with relevant minimum standards.

In delivering the decision, the Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for overtime and penalty rates, leave entitlements, and a dispute resolution process. The Commission found that the agreement took into account the specific needs and circumstances of the enterprise and its employees. The overall balance of the agreement was deemed fair and reasonable, and thus, it was approved.

The Fair Work Commission approved the Enterprise Agreement, determining that it contained fair and reasonable terms and conditions for the employees and the enterprise.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established