United Voice

Case [2016] FWCA 2884


[2016] FWCA 2884

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
United Voice
(AG2016/2830)

PLAYHOUSE PARENT AND CHILD CARE CENTRE UNITED VOICE

FAIR WORK ENTERPRISE AGREEMENT 2016

Educational services

COMMISSIONER GREGORY MELBOURNE, 10 MAY 2016

Application for approval of the Playhouse Parent and Child Care Centre United Voice Fair

Work Enterprise Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Playhouse Parent and Child Care Centre United Voice Fair Work Enterprise Agreement

2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009

(the Act). It has been made by United Voice. The Agreement is a single enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3]        Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4]        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) I

note that the Agreement covers the organisation.
[2016] FWCA 2884

[5]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

17 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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[2016] FWCA 2884

Annexure A

Details
AGLC
United Voice [2016] FWCA 2884
Case
[2016] FWCA 2884
Decision Date

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between United Voice and Playhouse Parent and Child Care Centre. The applicant, United Voice, is a bargaining representative for the agreement. The agreement in question is the Playhouse Parent and Child Care Centre United Voice Fair Work Enterprise Agreement 2016. The Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 186, 187, 188, and 190, and whether the agreement would not cause financial detriment to employees or result in substantial changes to the agreement.

The Commission noted that United Voice had provided written undertakings which it was satisfied would not cause financial detriment to any employee covered by the agreement and would not result in substantial changes to the agreement. The Commission also noted that the agreement covered the organisation as required by section 201(2) of the Act. The Commission was satisfied that all relevant requirements of the Act had been met and approved the agreement. The agreement will operate from 17 May 2016, with a nominal expiry date of 30 June 2019.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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