United Voice

[2013] FWCA 7582

FAIR WORK COMMISSION

DECISION

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

United Voice
(AG2013/9356)

ACU INTERNATIONAL EDUCATION GROUP PTY LTD T/A BROWNS PLAINS CHILD CARE CENTRE AND PRE-SCHOOL AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the ACU International Education Group Pty Ltd t/a Browns Plains Child Care Centre and Pre-School and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ACU International Education Group Pty Ltd t/a Browns Plains Child Care Centre and Pre-School 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 the matter of United Voice, the applicant sought approval for an enterprise agreement between ACU International Education Group Pty Ltd, trading as Browns Plains Child Care Centre and Pre-School, and United Voice, as the representative of certain employees. The application was heard by the Fair Work Commission, which was required to assess the agreement's compliance with the Fair Work Act 2009 and determine whether it met the "better off overall test" (BOOT).

The primary legal issue before the Commission was whether the proposed agreement provided employees with a sufficient improvement in their terms and conditions of employment to be considered better off overall. This involved examining the specific terms of the agreement, including wage increases, working conditions, and other benefits, and comparing them against the employees' current conditions. The Commission also had to ensure that the agreement did not negatively impact the employees' job security or other entitlements.

The Fair Work Commission found that the proposed agreement did provide employees with a better overall package, taking into account the wage increases, the additional benefits, and the improvements to working conditions. The Commission noted that the agreement contained provisions that addressed key concerns of the employees, such as increased pay rates and better leave entitlements. After weighing all the factors, the Commission concluded that the agreement met the BOOT and approved it.

The Fair Work Commission's final order was to approve the ACU International Education Group Pty Ltd t/a Browns Plains Child Care Centre and Pre-School and United Voice Big Steps Enterprise Agreement 2013, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the relevant employees, subject to the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established