United Voice Summary | CaseChat AU

[2013] FWCA 8404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/10689)

GALBIRI CHILDCARE AND PRE SCHOOL INC AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 25 OCTOBER 2013

Application for approval of the Galbiri Childcare and Pre School Inc and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Galbiri Childcare and Pre School Inc 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 1 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

In the Fair Work Commission, the applicant, United Voice, sought approval for the Galbiri Childcare and Pre School Inc and United Voice Big Steps Enterprise Agreement 2013. The respondent, Galbiri Childcare and Pre School Inc, opposed the application on the basis that the agreement was not in the best interests of the employees. The dispute centred around whether the terms of the agreement were fair and reasonable, and whether it appropriately balanced the interests of the employer and the employees.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it was in the best interests of the employees and whether it appropriately addressed the bargaining objectives of both parties. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act, including the good faith bargaining requirement.

The Commission found that the agreement was fair and reasonable, and met the requirements of the Act. It determined that the agreement appropriately balanced the interests of the employer and the employees, and provided for fair and reasonable terms and conditions. The Commission noted that the agreement had been negotiated in good faith and that it appropriately addressed the bargaining objectives of both parties. The Commission also found that the agreement provided for adequate protections for employees, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms.

The Commission approved the Galbiri Childcare and Pre School Inc and United Voice Big Steps Enterprise Agreement 2013. The agreement is now legally binding on both parties and will apply to all employees of Galbiri Childcare and Pre School Inc who are covered by the agreement.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established