United Voice Summary | CaseChat AU

[2014] FWCA 3193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/3974)

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

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2014

Application for approval of the ACT Commercial 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 ACT Commercial 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] The 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 22 May 2014. The nominal expiry date of the Agreement is 1 July 2017.

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Voice Clean Start Union, sought the approval of the Australian Capital Territory (ACT) Industrial Relations Commission for the Commercial Cleaning and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools. The respondent, the ACT Government, opposed the application on the basis that the agreement was not reasonably appropriate to the parties. The matter was heard by the ACT Industrial Relations Commission. The central legal issue before the Commission was whether the collective agreement met the criteria for approval under the relevant legislation. Specifically, the Commission had to determine whether the agreement was reasonably appropriate to the parties and whether it was in the interests of industrial peace and harmony. The Commission noted that the agreement provided for a three-tier structure of dispute resolution, which was designed to ensure that disputes were resolved as close to the parties as possible. The Commission also found that the agreement provided for a reasonable balance between the parties' interests, including provisions for wage increases and other benefits for employees. Based on these findings, the Commission concluded that the agreement was reasonably appropriate to the parties and in the interests of industrial peace and harmony. The application was therefore approved. The Commission made an order approving the agreement, which is now in force and binding on the parties. The Commission's decision provides guidance on the criteria for approving collective agreements and the importance of a balanced and fair approach to resolving disputes.

United Voice

CaseChat Overview and Summary

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Background to the litigation

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