United Voice

[2013] FWCA 7665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2869)

ARABIC AUSTRALIAN CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Arabic Australian Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Arabic Australian Child Care 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] 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 9 October 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 of United Voice involved an application for the approval of the Arabic Australian Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The applicant, United Voice, sought the Fair Work Commission's approval of the agreement, which was intended to govern the employment conditions of workers at the centre. The application was contested by the respondents, who raised objections to certain provisions within the agreement.

The primary legal issue before the court was whether the contested provisions within the enterprise agreement were fair and reasonable in all respects. The court had to consider the balance of the agreement as a whole, as well as the specific provisions that the respondents had challenged. The court also had to consider the principles of good faith bargaining and the overall objectives of the Fair Work Act 2009.

The Fair Work Commission found that the overall agreement was fair and reasonable, taking into account the balance of the agreement and the specific provisions in question. The Commission determined that the contested provisions did not undermine the objectives of the Fair Work Act and were in line with the principles of good faith bargaining. The Commission concluded that the agreement was fair and reasonable in all respects, and thus approved the Arabic Australian Child Care Centre and United Voice Big Steps Enterprise Agreement 2013.

The court ordered the approval of the enterprise agreement, finding it to be fair and reasonable in all respects. The agreement was to govern the employment conditions of workers at the Arabic Australian Child Care Centre, and the Commission's approval ensured that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established