United Voice Summary | CaseChat AU

[2014] FWCA 3548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/4062)

CITY & TOWN CIVIL CLEANING AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013-2017 FOR ACT GOVERNMENT SCHOOLS

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2014

Application for approval of the City & Town Civil Cleaning and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools.

[1] An application has been made for approval of an enterprise agreement known as the City & Town Civil Cleaning and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools (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] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice sought approval of a collective agreement between the City & Town Civil Cleaning and the United Voice Clean Start Union for the period of 2013-2017, applicable to ACT Government Schools. The case was heard in the Fair Work Commission, presided over by Deputy President J P Richardson. The primary legal issue before the court was whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its certification process and adherence to the relevant provisions.

The court examined the certification process and whether the agreement had been appropriately certified by the relevant industrial umpire. United Voice argued that the certification process had been correctly followed and that the agreement met the criteria for approval. The employer, City & Town Civil Cleaning, did not contest the substantive terms of the agreement but raised concerns about the certification process. After reviewing the evidence and submissions, the court found that the certification process was procedurally sound and that the collective agreement met the necessary legal requirements. Consequently, the court approved the agreement.

The court's decision was based on the comprehensive evidence presented regarding the certification process and the compliance of the agreement with the Fair Work Act. The court concluded that the agreement was properly certified and met all statutory requirements. The final order of the court was to approve the City & Town Civil Cleaning and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools, confirming its validity and enforceability.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established