United Voice

[2014] FWCA 3486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/4061)

VIP AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013-2017 FOR ACT GOVERNMENT SCHOOLS

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 28 MAY 2014

Application for approval of the VIP 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 VIP 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 4 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, the applicant, applied for the approval of the VIP and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools. The applicant sought the approval from the Fair Work Commission under the Fair Work Act 2009. The Commission was required to consider whether the terms of the agreement complied with the requirements of the Act and were in the best interests of the employees covered by the agreement.

The main legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of the employees, and whether it included provisions that were necessary or appropriate to protect the employees' interests or to facilitate the operation of the schools. The Commission considered the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment terms and conditions.

The Commission found that the agreement complied with the requirements of the Act and was in the best interests of the employees. The agreement provided for the terms and conditions of employment of the employees, and included provisions that were necessary or appropriate to protect the employees' interests or to facilitate the operation of the schools. The Commission approved the agreement and noted that it would be registered with the Australian Industrial Relations Commission.

The Commission made an order approving the VIP and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools, and that the agreement would be registered with the Australian Industrial Relations Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established