AMC Search Ltd

[2014] FWCA 1604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AMC Search Ltd
(AG2013/10495)

AMC SEARCH LTD COLLECTIVE AGREEMENT, 2013

Tasmania
COMMISSIONER LEE	HOBART, 6 MARCH 2014

Application for approval of the AMC Search Ltd Collective Agreement, 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the AMC Search Ltd Collective Agreement, 2013 (the Agreement). The application was made by AMC Search Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 13 March 2014. The nominal expiry date of the Agreement is 12 March 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Fair Work Commission was tasked with considering an application for the approval of the AMC Search Ltd Collective Agreement, 2013. This matter arose from the application by the employer, AMC Search Ltd, for the Commission's endorsement of the collective agreement entered into with its employees. The dispute centred around the terms and conditions of employment, particularly those related to pay rates, classification, and working arrangements, which were to be governed by the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable. This involved examining if the agreement provided for minimum entitlements, if it complied with the provisions concerning good faith bargaining, and if the agreement's terms were not contrary to public policy or detrimental to the employees.

The Commission, in its decision, carefully reviewed the collective agreement against the statutory criteria. It found that the agreement provided for adequate minimum entitlements and adhered to the principles of good faith bargaining. Furthermore, the Commission determined that the agreement did not contravene any public policy considerations and was not otherwise detrimental to the employees. Consequently, the Commission approved the collective agreement, recognising it as meeting the necessary legal standards and being fair and reasonable for the employees involved. The Commission's approval was thus granted, and the collective agreement was endorsed for operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established