United Voice

[2013] FWCA 7799

[2013] FWCA 7799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

United Voice
(AG2013/9249)

ECMS AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Children's services
DEPUTY PRESIDENT SMITH	MELBOURNE, 7 OCTOBER 2013

Application for variation of the ECMS and United Voice Enterprise Agreement 2013.

[1] This is an application to vary the ECMS and United Voice Enterprise Agreement 2013 [AG2013/8455] (the Agreement). I am satisfied that the application has been made in accordance with s.210 of the Fair Work Act 2009 (the Act).

[2] Section 211 of the Act provides for when the Fair Work Commission must vary an enterprise agreement. Section 211(1) provides:

Approval of variation by the FWC

(1) If an application for the approval of a variation of an enterprise agreement is made under section 210, the FWC must approve the variation if:

(a) the FWC is satisfied that had an application been made under section 185 for the approval of the agreement as proposed to be varied, the FWC would have been required to approve the agreement under section 186; and

(b) the FWC is satisfied that the agreement as proposed to be varied would not specify a date as its nominal expiry date which is more than 4 years after the day on which the FWC approved the agreement;

unless the FWC is satisfied that there are serious public interest grounds for not approving the variation.

[3] I am satisfied that s.211(a) and (b) apply and that there are no serious public interest grounds for not approving the Agreement.

[4] I approve the variation.

DEPUTY PRESIDENT

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