United Voice

[2013] FWCA 2061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/5492)

FIT SERVICES AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013

Cleaning services
COMMISSIONER RIORDAN	SYDNEY, 5 APRIL 2013

Agreement approved Application for approval of the FIT SERVICES and UNITED VOICE Clean Start Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe FIT SERVICES and UNITED VOICE Clean Start Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the United Voice (the Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the FIT Services and United Voice Clean Start Union Collective Agreement 2013. The parties involved were United Voice, a union representing employees, and FIT Services, the employer. The dispute centred on whether the collective agreement met the legal standards for approval under the Fair Work Act 2009. This required the court to consider various aspects of the agreement, including its compliance with minimum terms and conditions set by the Fair Work Act.

The central legal issues addressed by the court were whether the collective agreement provided for the minimum entitlements required by the Fair Work Act, and whether it included all necessary provisions to ensure it was not less favourable than the applicable award or safety net. Additionally, the court needed to determine if the agreement contained any terms that were less favourable than the minimum terms of the relevant award or safety net, as such terms would render the agreement non-compliant.

In reaching its decision, the court carefully examined each clause of the agreement, ensuring that it met the minimum standards set out by the Fair Work Act. The court found that the agreement was compliant with all necessary requirements, providing for the minimum entitlements and including all required provisions. It did not contain any terms that were less favourable than the minimum terms of the applicable award or safety net. As such, the court concluded that the agreement could be approved.

The court approved the FIT Services and United Voice Clean Start Union Collective Agreement 2013, thereby resolving the dispute in favour of the union and the employer. This decision ensures that the agreement remains in effect, providing the basis for the employment terms between FIT Services and its employees represented by United Voice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established