United Voice Summary | CaseChat AU

[2013] FWCA 3081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/6337)

UNITED VOICE AND SPENCE CHILDREN’S COTTAGE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 MAY 2013

Application for approval of the United Voice and Spence Children’s Cottage Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Voice and Spence Children’s Cottage 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 22 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, United Voice, sought the court’s approval of the United Voice and Spence Children’s Cottage Big Steps Enterprise Agreement 2013. The respondent, Spence Children’s Cottage, opposed the application on various grounds, including the argument that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission.

The key legal issues before the court were whether the agreement was in accordance with the Act and if it was made in good faith. The court had to determine if the agreement was a genuine enterprise agreement, if it was appropriately made, and if it complied with the procedural and substantive requirements of the Act. Additionally, the court needed to assess if there were any procedural errors in the process leading to the agreement.

The court found that the agreement was a genuine enterprise agreement that met the requirements of the Act. It was made in good faith and followed the necessary procedural steps. The court also determined that the agreement was appropriately made, as it was negotiated between the parties with the necessary representations and no procedural errors were present. The court approved the agreement, finding that it complied with all necessary provisions of the Act.

As a result of the court's decision, the Fair Work Commission approved the United Voice and Spence Children’s Cottage Big Steps Enterprise Agreement 2013. This agreement now governs the employment terms and conditions between the parties, subject to the provisions of the Fair Work Act 2009 (Cth).

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established