United Voice

[2013] FWCA 7695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2013/2903)

HAPPY ROMPERS DAY 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 Happy Rompers Day 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 Happy Rompers Day 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 before the court involved United Voice and the Happy Rompers Day Care Centre, with the primary issue being the approval of the United Voice Big Steps Enterprise Agreement 2013. The Fair Work Commission was the tribunal tasked with deciding the matter. The core legal issues centred around whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it adhered to the principles of procedural fairness.

The court meticulously examined the bargaining process to ensure it was conducted fairly and in good faith. It also assessed whether the agreement was genuinely negotiated and whether it provided fair and reasonable terms for the employees. Additionally, the court considered whether the agreement met the requirements of being a single, indivisible enterprise agreement and if it included all necessary terms and conditions of employment.

In reaching its decision, the court found that the agreement was genuinely negotiated and provided fair and reasonable terms for the employees. It concluded that the bargaining process was conducted in good faith and adhered to the principles of procedural fairness. The court was satisfied that the agreement was a single, indivisible enterprise agreement and included all necessary terms and conditions of employment. Consequently, the court approved the United Voice Big Steps Enterprise Agreement 2013 for the Happy Rompers Day Care Centre.

The final orders included the approval of the agreement, which would now govern the employment terms and conditions of the employees at the Happy Rompers Day Care Centre. This decision set a precedent for similar agreements and reinforced the importance of fair and genuine bargaining processes in the context of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established