United Voice

[2013] FWCA 7581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9208)

MERRITECH PTY LTD T/A MY KINDY LABRADOR, MY KINDY RUNAWAY BAY, MY KINDY VARSITY LAKES AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Merritech Pty Ltd T/A My Kindy Labrador, My Kindy Runaway Bay, My Kindy Varsity Lakes and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Merritech Pty Ltd T/A My Kindy Labrador, My Kindy Runaway Bay, My Kindy Varsity Lakes 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 7 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 this matter, the applicant, United Voice, sought the court's approval of the Enterprise Agreement between Merritech Pty Ltd, trading as My Kindy Labrador, My Kindy Runaway Bay, My Kindy Varsity Lakes, and United Voice Big Steps. The respondents, the employer entities, opposed the application on various grounds. The case was heard in the Fair Work Commission.

The central legal issue before the court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if it was free from prohibited content, and if it had been negotiated in good faith. Additionally, the court considered the procedural fairness in the negotiation process.

The court examined the agreement clause by clause, ensuring it included all mandated terms such as minimum wages, penalty rates, and leave entitlements. The court found that the agreement contained all required terms and was free from prohibited content. The employer's argument regarding procedural fairness was rejected as the evidence showed that the negotiations were conducted in good faith and in compliance with the Act. Consequently, the court approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement, rejecting the employer's objections. The decision highlights the importance of meeting statutory requirements and conducting negotiations in good faith. This approval ensures that the employees covered by the agreement will benefit from the terms negotiated with their employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established