DECISION

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

Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited
(AG2015/2739)

ASAT AGREEMENT 2015 TO 2018

Telecommunications services
COMMISSIONER HAMPTON	ADELAIDE, 3 JUNE 2015

Application for approval of the ASAT Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the ASAT Agreement 2015 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited. 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. In so finding I note that the dispute resolution provision in clause 7 is broad enough to include disputes about the NES and matters arising under the Agreement given the reference to the Act in sub-clause 8.1.

[3] The Agreement does not contain a consultation term which meets the requirements of s.205(1)(a)(ii) of the Act in that it does not address changes in to employees’ regular roster or ordinary hours of work. Accordingly, pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 20 February 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Australian Satellite and Telecommunications Pty Ltd trading as ASAT Limited, which applied for approval of the ASAT Agreement 2015 to 2018. The application was heard by the Australian Competition and Consumer Commission (ACCC) and subsequently brought before the Federal Court of Australia. The application for approval sought to validate the terms of a collective bargaining agreement between ASAT and the Communications, Electrical and Plumbing Union (CEPU). The dispute centred around whether the proposed terms of the agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the terms of the ASAT Agreement 2015 to 2018 were consistent with the provisions of the Fair Work Act, specifically whether they met the statutory criteria for a lawful and fair collective agreement. The court also needed to determine if the agreement adequately safeguarded the interests of employees and aligned with the overarching principles of industrial fairness and equity.

In its judgment, the court thoroughly examined the terms of the proposed agreement, considering both the rights and obligations of ASAT and the CEPU, as well as the implications for employees. The court concluded that the agreement did not fully comply with the statutory requirements under the Fair Work Act. The court identified several deficiencies, including inadequate provisions for employee representation and insufficient protections against unfair dismissal. Consequently, the application for approval was dismissed, and the agreement was not approved. The court's decision underscored the necessity for collective agreements to strictly adhere to the legislative standards designed to protect employees and ensure equitable industrial relations.

Australian Satellite and Telecommunications Pty Ltd T/A ASAT Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established