United Voice Summary | CaseChat AU

[2013] FWCA 7698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/2908)

INNER CITY CARE CHILD CARE CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

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

Application for approval of the Inner City Care 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 Inner City Care 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 applicant, United Voice, sought approval for the Inner City Care Child Care Centre and United Voice Big Steps Enterprise Agreement 2013. The respondent, Inner City Care, objected to the proposed agreement. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court had to determine if the agreement provided for fair and reasonable terms and conditions for the employees and whether the agreement was made in good faith. The court also considered whether the agreement met the procedural fairness requirements, including whether the employees had an opportunity to be heard and whether the agreement was properly negotiated.

The Fair Work Commission found that the agreement was fair and reasonable and was made in good faith. The commission also found that the agreement met the procedural fairness requirements, as the employees had an opportunity to be heard and the agreement was properly negotiated. The commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Inner City Care Child Care Centre and United Voice Big Steps Enterprise Agreement 2013, subject to certain conditions. The commission found that the agreement provided for fair and reasonable terms and conditions for the employees and met the requirements of the Fair Work Act 2009. The commission also found that the agreement was in the best interests of the employees and was made in good faith. The approval was subject to certain conditions, including the requirement that the agreement be reviewed and updated every three years.

United Voice

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established