United Voice

[2014] FWCA 6390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

United Voice
(AG2014/8459)

UNITED VOICE BIG STEPS AND NORTH BELCONNEN COMMUNITY ASSOCIATION AGREEMENT 2013

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 12 SEPTEMBER 2014

Application for variation of the United Voice Big Steps and North Belconnen Community Association Agreement 2013.

[1] An application has been made for approval of a variation of the United Voice Big Steps and North Belconnen Community Association Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by United Voice.

[2] A list of the proposed changes is attached to this Decision.

[3] The Agreement was approved on 24 June 2013, with a nominal expiry date of 30 June 2015.

[4] The application was not lodged within 14 days after the variation was made. Pursuant to s.210(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 12 September 2014.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were United Voice and the North Belconnen Community Association, with the dispute centering on the variation of the Agreement between them. The matter was heard in the Fair Work Commission, an Australian labour relations tribunal with jurisdiction over workplace disputes.

The legal issues before the Commission were whether the requested variations to the Agreement were necessary and reasonable, and whether the process for reaching the Agreement was valid. Specifically, the Commission needed to determine whether the changes to the Agreement were in line with the terms of the original Agreement and whether the parties had followed the correct procedures in proposing and agreeing to the variations.

In reaching its decision, the Commission considered the nature of the Agreement, the context in which it was made, and the reasons for seeking the variations. The Commission found that the variations were reasonable and necessary given the changing circumstances of the workplace. The Commission also found that the process for reaching the Agreement was valid, and that the parties had followed the correct procedures in proposing and agreeing to the variations. As a result, the Commission granted the application for variation of the Agreement. The final orders of the Commission were that the Agreement be varied as proposed by the parties, with the changes to take effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established