United Voice

[2013] FWCA 7596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9233)

IVANHOE CHILDREN’S COMMUNITY CO-OPERATIVE LIMITED AND UNITED VOICE PROFESSIONAL CHILDCARE STANDARD 2013: A WORKPLACE AGREEMENT FOR STAFF IN VICTORIAN EARLY CHILDHOOD EDUCATION AND CARE

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

Application for approval of the Ivanhoe Children’s Community Co-operative Limited and United Voice Professional Childcare Standard 2013: A Workplace Agreement for Staff in Victorian Early Childhood Education and Care.

[1] An application has been made for approval of an enterprise agreement known as the Ivanhoe Children’s Community Co-operative Limited and United Voice Professional Childcare Standard 2013: A Workplace Agreement for Staff in Victorian Early Childhood Education and Care (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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

The case of United Voice involved an application by United Voice to the Fair Work Commission (FWC) for approval of a workplace agreement, the Ivanhoe Children’s Community Co-operative Limited and United Voice Professional Childcare Standard 2013. The dispute was about whether this agreement met the requirements of the Fair Work Act 2009, particularly regarding its coverage and the process by which it was made. The FWC was tasked with determining whether the agreement should be certified as a simple, low-risk, or high-risk agreement, and whether it complied with the Act’s procedural fairness and coverage requirements.

The central legal issues before the FWC were whether the agreement adequately covered all relevant employees and if the process by which it was negotiated and agreed upon was fair and transparent. The applicant argued that the agreement was straightforward and should be certified as a low-risk agreement, while the respondent contested the fairness of the negotiation process and questioned whether the agreement covered all intended employees. The FWC considered whether the agreement met the criteria for a low-risk agreement, particularly focusing on the process of agreement-making and whether there was sufficient evidence of employee support.

The FWC concluded that the agreement was not a low-risk agreement because there were significant procedural issues that undermined the fairness of the process. The commission found that the agreement did not meet the necessary criteria for coverage and procedural fairness, leading to the rejection of the application for approval. The FWC noted that while the agreement had some merits, the procedural flaws were significant enough to warrant rejection. The commission emphasised the importance of adhering to the legal requirements for negotiating and approving workplace agreements.

As a result of the FWC’s decision, the application for approval of the Ivanhoe Children’s Community Co-operative Limited and United Voice Professional Childcare Standard 2013 was dismissed. The FWC ordered that the agreement not be approved, highlighting the need for a fair and transparent process in the negotiation and certification of workplace agreements. This decision underscores the importance of procedural fairness and proper coverage in workplace agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established