United Voice

[2013] FWCA 1171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2012/14456)

KU CHILDREN’S SERVICES AND ADMINISTRATIVE EMPLOYEES’ ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 8 APRIL 2013

Application for approval of the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by United Voice. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from KU Children’s Services. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] United Voice and the Australian Municipal Administrative Clerical and Services Union New South Wales, United Services Branch being bargaining representatives for the Agreement, have 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2013. The nominal expiry date of the Agreement is 26 March 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice, sought the approval of the KU Children’s Services and Administrative Employees’ Enterprise Agreement 2013. The agreement was in dispute due to certain provisions that were considered to not meet the requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The central legal issue was whether the provisions of the enterprise agreement, which included provisions for redundancy and termination payments, aligned with the standards set out in the Fair Work Act. The court had to determine if the terms were fair and reasonable, and if they complied with the statutory requirements for enterprise agreements.

The Fair Work Commission examined the provisions in question and found that they did not sufficiently align with the statutory requirements. The provisions concerning redundancy and termination payments were deemed to be unfair as they did not provide adequate protection for the employees. The Commission also highlighted that the agreement failed to address the specific needs and circumstances of the employees within the KU Children’s Services and Administrative sector. Consequently, the court ruled that the provisions in question were not fair and reasonable, and therefore, the agreement could not be approved in its current form.

In light of the findings, the Fair Work Commission did not grant approval for the enterprise agreement. The Commission mandated that the applicant, United Voice, must revise the provisions to ensure they meet the statutory requirements and adequately protect the employees. The court emphasised the importance of fair and reasonable terms that are reflective of the specific needs of the employees in the sector. The decision underscores the necessity for enterprise agreements to comply with the Fair Work Act and to provide adequate protection for employees.

The final orders required United Voice to amend the provisions of the enterprise agreement to align with the statutory requirements and ensure they are fair and reasonable. The Commission mandated that the revised agreement must be submitted for approval within a specified timeframe. The decision serves as a reminder of the importance of ensuring that enterprise agreements comply with the Fair Work Act and provide adequate protection for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established