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[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the Fair Work Commission (FWC) was called upon to consider an application by United Voice, an organisation representing workers, to vary the Enterprise and Collective Management Services Agreement 2013 (ECMS). The dispute centred on whether the proposed changes to the agreement were necessary to address contemporary workplace conditions and adequately represent the interests of the employees. The FWC was tasked with determining the validity and appropriateness of the proposed amendments.

The primary legal issue before the FWC was whether the proposed variations to the ECMS were in line with the statutory requirements under the Fair Work Act 2009. This involved assessing whether the changes were necessary to achieve a fair and efficient workplace, and whether they were in the best interests of the employees. The FWC also had to consider whether the application process was conducted appropriately and whether the proposed changes were likely to result in a more equitable and effective agreement.

The FWC found that the proposed variations to the ECMS were necessary and appropriate. The changes were designed to address contemporary workplace issues and ensure the agreement remained relevant and fair. The FWC concluded that the application process had been conducted in a manner consistent with the statutory requirements. The proposed amendments were deemed to be in the best interests of the employees and would result in a more effective and equitable agreement. Accordingly, the FWC approved the variations to the ECMS.

The FWC's decision resulted in the approval of the variations to the ECMS, effective from the date specified in the order. The changes will ensure that the agreement remains relevant and fair, reflecting the current workplace conditions and the interests of the employees.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established