United Voice Summary | CaseChat AU

[2013] FWCA 7663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2905)

CATHERINE CAMPBELL CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Catherine Campbell Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Catherine Campbell 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 by the union for approval of the Catherine Campbell Centre and United Voice Big Steps Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC) to ensure that the agreement met the necessary legal standards for fair and equitable terms of employment. The union sought to establish a framework that would govern the working conditions of employees at the Centre, encompassing various aspects such as wages, working hours, and other employment-related matters.

The primary legal issues that the FWC was tasked with deciding were whether the terms and conditions outlined in the proposed agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The FWC also needed to determine if the agreement provided an appropriate balance between the rights of employers and employees, and if it adhered to the principles of procedural fairness and good faith bargaining. Additionally, the court examined whether the agreement met the statutory requirements for approval, including whether it had been made in good faith and whether it provided for minimum terms and conditions.

In its reasoning, the FWC considered various submissions from both parties and evaluated the content of the agreement against the statutory benchmarks. The FWC acknowledged the union's efforts in negotiating the terms and the Centre's input, but also highlighted areas where the agreement could be improved to better align with the statutory requirements. After carefully weighing the evidence and arguments presented, the FWC concluded that, while the agreement had merit, certain provisions needed to be amended to ensure full compliance with the Fair Work Act. The FWC therefore directed the union and the Centre to make the necessary amendments to address the identified issues. Once the revised agreement was submitted and found to meet all legal requirements, the FWC approved the agreement, thereby resolving the dispute.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established