United Voice Summary | CaseChat AU

[2013] FWCA 8267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9513)

UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (Q) T/A ISLE OF CAPRI EARLY LEARNING CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 23 OCTOBER 2013

Application for approval of the Uniting Church in Australia Property Trust (Q) T/A Isle of Capri Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Church in Australia Property Trust (Q) T/A Isle of Capri Early Learning Centre 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] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[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 30 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

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CaseChat Overview and Summary

In this case, the applicant, United Voice, sought the Fair Work Commission's approval of a proposed enterprise agreement between the Uniting Church in Australia Property Trust (Q) T/A Isle of Capri Early Learning Centre and United Voice. The dispute centred on the terms and conditions of employment for early childhood education and care workers within the Isle of Capri Early Learning Centre. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission had to consider whether the agreement adequately covered the mandatory bargaining items, and whether it was free from any illegal or unfair content. Additionally, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment for the employees involved.

The Fair Work Commission found that the proposed enterprise agreement was in compliance with the statutory requirements of the Fair Work Act 2009. The Commission determined that the agreement covered all mandatory bargaining items and contained no illegal or unfair content. Furthermore, the Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment for the employees involved. Consequently, the Fair Work Commission approved the Uniting Church in Australia Property Trust (Q) T/A Isle of Capri Early Learning Centre and United Voice Big Steps Enterprise Agreement 2013.

The Commission's approval of the agreement signifies a resolution to the dispute, allowing the Uniting Church in Australia Property Trust (Q) T/A Isle of Capri Early Learning Centre and United Voice to proceed with the implementation of the agreed terms and conditions of employment for early childhood education and care workers within the centre.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established