United Voice v Academy Services

United Voice (the applicant union) brought proceedings against Academy Services Pty Ltd (the respondent) in the Federal Court of Australia. The dispute concerned Academy Services' failure to offer employment to existing employees of an outgoing contractor when Academy Services took over a cleaning contract. The union alleged that this failure constituted a breach of a collective agreement.

The court was required to determine two primary legal issues. First, whether Academy Services was in breach of the collective agreement by failing to offer employment to the existing employees of the previous contractor. Second, whether a specific clause within the collective agreement, which purportedly required the offer of employment to such employees, was void by virtue of containing prohibited content, specifically content that did not pertain to the relations between an employer and its employees.

Judge Heffernan found that Academy Services was indeed in breach of the collective agreement. The court reasoned that the clause in question did pertain to the relations between an employer and its employees, as it regulated the transfer of employment in circumstances where a cleaning contract changed hands. Therefore, the clause did not contain prohibited content and was not void. The court rejected the argument that the union had approbated and reprobated by seeking to enforce the clause while also arguing it was void. Consequently, a declaration was made that Academy Services had breached the collective agreement.