| [2017] FWCA 5852 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Municipal, Administrative, Clerical and Services Union Queensland Together Branch T/A Queensland Together Branch of the ASU
(AG2017/3650)
Together Organising Contact Centre Certified Agreement 2017
| Clerical industry | |
| Deputy President Kovacic | CANBERRA, 8 NOVEMBER 2017 |
Application for approval of the Together Organising Contact Centre Certified Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Together Organising Contact Centre Certified Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Municipal, Administrative, Clerical and Services Union Queensland Together Branch T/A Queensland Together Branch of the ASU. The Agreement is a single enterprise agreement.
Subject to concerns that have been addressed by way of undertakings, 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.
As noted, pursuant to s.190(3), I have accepted undertakings from Australian Municipal, Administrative, Clerical and Services Union Queensland Together Branch T/A Queensland Together Branch of the ASU. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 31 July 2020.
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Annexure A
- AGLC
- Australian Municipal, Administrative, Clerical and Services Union Queensland Together Branch T/A Queensland Together Branch of the ASU [2017] FWCA 5852
- Case
- [2017] FWCA 5852
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the application for approval of the agreement was lodged within the requisite timeframe, whether the agreement had been negotiated in good faith, and whether the agreement contained the necessary procedural fairness provisions. The Commission had to determine if the agreement met the statutory requirements for approval, including the provisions for employee consultation and the protection of employee rights.
In delivering its decision, the Commission found that the application was made within the prescribed timeframe and that the agreement had been negotiated in good faith. The Commission also determined that the agreement contained the necessary procedural fairness provisions and met the statutory requirements for approval. The Commission emphasised the importance of ensuring that enterprise agreements provide for adequate consultation and the protection of employee rights. The Full Bench approved the Together Organising Contact Centre Certified Agreement 2017.
The Fair Work Commission approved the Together Organising Contact Centre Certified Agreement 2017, effective from 1 July 2017. The Commission highlighted the importance of ensuring that enterprise agreements provide for adequate consultation and the protection of employee rights. The approval of the agreement provides certainty and stability for both employers and employees in the contact centre industry.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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