United Voice

[2013] FWCA 7566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2013/9167)

BEATTIE FAMILY COMPANY PTY LTD T/A BEATTIE ROAD EARLY CHILDHOOD EDUCATION CENTRE AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Beattie Family Company Pty Ltd T/A Beattie Road Early Childhood Education Centre and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Beattie Family Company Pty Ltd T/A Beattie Road Early Childhood Education 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 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 the applicant, United Voice, seeking approval of an enterprise agreement between the Beattie Family Company Pty Ltd, trading as Beattie Road Early Childhood Education Centre, and United Voice. The applicant aimed to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The primary legal issues addressed by the court were whether the agreement met the requirements of section 230 of the Fair Work Act and whether the agreement was genuinely negotiated and not coerced. The court had to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act. The dispute also involved assessing whether the necessary procedural requirements were met during the negotiation and signing of the agreement.

The Fair Work Commission determined that the agreement did meet the statutory requirements for approval. The court found that the agreement was genuinely negotiated and not coerced, as evidenced by the absence of any improper conduct or undue influence. The commission also concluded that the agreement was in the best interests of the employees and complied with the Fair Work Act. The procedural requirements were found to be adequately met, as the necessary notices and opportunities for consultation were provided to the employees. Consequently, the court approved the agreement for registration.

The final orders of the court included the approval of the United Voice Big Steps Enterprise Agreement 2013 for registration, allowing it to become a legally binding agreement between the Beattie Family Company Pty Ltd and United Voice. The agreement was to be registered with the Fair Work Commission and would have the force of a registered agreement 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