United Voice

[2013] FWCA 7694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2837)

FEDERAL COMMUNITY CHILDREN’S CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Federal Community Children’s Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Federal Community Children’s 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

United Voice, a trade union, sought the approval of the Federal Circuit and Family Court of Australia for the Federal Community Children’s Centre and United Voice Big Steps Enterprise Agreement 2013. The agreement was entered into between the union and the employer, the Federal Community Children’s Centre, to govern the employment terms and conditions of the union’s members working at the Centre. The union argued that the agreement met the statutory requirements for approval and registration under the Fair Work Act 2009.

The court examined whether the agreement complied with the Fair Work Act, including whether it was made in good faith and whether it contained the minimum terms and conditions prescribed by law. The union contended that the agreement was fair and reasonable, and the employer agreed that it was made in good faith. The court considered the nature of the agreement, the bargaining process, and the content of the agreement, including the minimum terms and conditions, to determine if the statutory requirements were met.

The court found that the agreement was made in good faith and contained the minimum terms and conditions as required by law. The court also found that the agreement was fair and reasonable and met the statutory requirements for approval. The union’s application for approval of the agreement was successful.

The court approved the agreement and registered it under the Fair Work Act. The agreement became a legally binding enterprise agreement, governing the employment terms and conditions of the union’s members working at the Federal Community Children’s Centre. The union’s application for approval of the agreement was successful, and the agreement was registered and became a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established