United Voice Summary | CaseChat AU

[2013] FWCA 7699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9483)

FOREVER FRIENDS SUNBURY AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Forever Friends Sunbury and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Forever Friends Sunbury 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

In the case of United Voice, the applicants sought approval of the Forever Friends Sunbury and United Voice Big Steps Enterprise Agreement 2013. This agreement pertains to the terms and conditions of employment for certain workers within the healthcare sector. The application was heard in the Fair Work Commission, which is tasked with the responsibility of approving such agreements.

The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements for approval and whether it was made in good faith and without coercion. The Commission had to ensure that the agreement provided for fair and reasonable terms of employment and that it was made in accordance with the relevant provisions of the Fair Work Act.

The Commission carefully reviewed the agreement and considered the submissions made by both parties. It found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms of employment. The Commission also determined that the agreement met the statutory requirements for approval and was in compliance with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the Forever Friends Sunbury and United Voice Big Steps Enterprise Agreement 2013.

The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission. The agreement will now apply to the relevant workers within the healthcare sector and will govern their terms and conditions of employment.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established