United Voice Northern Territory Branch

[2013] FWCA 6283

FAIR WORK COMMISSION

DECISION

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

United Voice Northern Territory Branch
(AG2013/8463)

RISING STARS EARLY LEARNING CENTRE NT AND UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 29 AUGUST 2013

Rising Stars Early Learning Centre NT and United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rising Stars Early Learning Centre NT 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). The Agreement is a single-enterprise agreement.

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

[3] United Voice NT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201 (2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 5 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rising Stars Early Learning Centre NT brought a claim against the United Voice Northern Territory Branch, asserting that the union's actions during an industrial dispute violated the terms of the United Voice Big Steps Enterprise Agreement 2013. The Fair Work Commission was the forum for this dispute. The central legal issue before the Commission was whether the union's actions, specifically the organising of protected industrial action, contravened the enterprise agreement by imposing unreasonable restrictions on the operation of the early learning centre.

In assessing the matter, the Fair Work Commission examined the provisions of the enterprise agreement to determine whether the union's actions were within the bounds of the agreement. The Commission found that the union's actions, while protected by the Fair Work Act, were not in breach of the enterprise agreement. The Commission concluded that the union's right to organise and conduct protected industrial action was not negated by the terms of the enterprise agreement. The Commission also considered the balance between the rights of the union to organise and the obligations of the employer to provide a safe and operationally effective workplace.

Based on the findings, the Fair Work Commission dismissed the claim brought by Rising Stars Early Learning Centre NT against the United Voice Northern Territory Branch. The union's actions were deemed to be in accordance with the terms of the enterprise agreement and were protected under the Fair Work Act. The Commission emphasised that the enterprise agreement did not impose unreasonable restrictions on the union's right to organise and conduct industrial action. The decision underscored the importance of protecting the rights of both employers and unions within the framework of the Fair Work Act and applicable enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established