AFL Telecommunications Australia Pty Ltd

[2022] FWCA 2038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AFL Telecommunications Australia Pty Ltd

(AG2022/1912)

AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 24 JUNE 2022

Application for approval of the AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2022

AFL Telecommunications Australia Pty Ltd has applied for approval of an enterprise agreement known as the AFL Telecommunications Australia Pty Ltd and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AFL Telecommunications Australia Pty Ltd applied for the Fair Work Commission's approval of the Enterprise Agreement 2022 entered into between AFL Telecommunications Australia Pty Ltd and the United Workers Union. The application was heard by the Commission on 26 July 2023. The Commission was required to consider whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it would have a beneficial effect on the employees.

The legal issues that the Commission was required to decide included whether the agreement was a genuine agreement, whether it complied with the provisions of the Fair Work Act, and whether it would have a beneficial effect on the employees. The Commission also considered whether the agreement met the requirements of the "better off overall test" and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was a genuine agreement and that it complied with the provisions of the Fair Work Act. The Commission also found that the agreement would have a beneficial effect on the employees and that it met the requirements of the "better off overall test". The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it would have a positive impact on the employees.

The Commission approved the agreement, subject to certain conditions, including the requirement that the parties provide a copy of the agreement to each employee covered by the agreement within 14 days of the approval. The Commission also ordered that the agreement would come into effect on 1 September 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established