United Voice

[2013] FWCA 8836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9871)

KIDS @ WELDON AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Kids @ Weldon and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kids @ Weldon and United Voice Big Steps Enterprise 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 United Voice. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Kids @ Weldon and United Voice Big Steps Enterprise Agreement 2013. The application was made by United Voice to the Fair Work Commission. The dispute centred on the terms and conditions of employment for employees at Kids @ Weldon, a childcare centre in Sydney, and the adequacy of the proposed enterprise agreement in addressing the needs of both the employees and the employer. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it included provisions that were fair and reasonable for the employees, including their pay and conditions. Additionally, the Commission needed to assess if the agreement had been negotiated fairly and if it provided for an appropriate balance between the rights and obligations of the parties.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained fair and reasonable terms and conditions of employment. The Commission noted that the agreement had been negotiated between parties with a reasonable degree of equality and that it provided for a fair balance of rights and obligations. The Commission also found that the agreement met the procedural requirements of the Act and that it was in the best interests of the employees. As a result, the Commission approved the Kids @ Weldon and United Voice Big Steps Enterprise Agreement 2013.

The Commission's decision included an order approving the agreement, which was to be registered with the Fair Work Commission. The agreement was to be effective from the date of registration and would apply to the employees of Kids @ Weldon. The Commission emphasised the importance of the agreement in providing a framework for fair and reasonable employment terms and conditions, and for promoting industrial peace and harmony between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established