DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CIE Legal
(AG2018/243)

NUW AND AMSRO MARKET & SOCIAL RESEARCH INDUSTRY AGREEMENT 2017-2020

Market and business consultancy services
COMMISSIONER LEE	MELBOURNE, 14 AUGUST 2018

Application for approval of the NUW and AMSRO Market & Social Research Industry Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the NUW and AMSRO Market & Social Research Industry Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CIE Legal. The agreement is a multi-enterprise agreement.

[2] Written undertakings have been provided. A copy of the undertakings is attached in 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 14 August 2018 and, in accordance with s.54, will operate from 21 August 2018. The nominal expiry date of the Agreement is
30 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Council of Trade Unions and the National Union of Workers as applicants, against the Australian Manufacturing Workers' Union and the Australian Manufacturing Workers' Union Research Organisation. The dispute centred on the application for approval of the NUW and AMSRO Market & Social Research Industry Agreement 2017-2020. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a safety net award. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith.

The primary legal issues that the Commission had to address were whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. In examining the good faith criterion, the Commission considered the bargaining processes undertaken by the parties and whether they were genuine and in good faith. Regarding the terms and conditions, the Commission assessed whether the agreement provided for minimum rates of pay and other conditions that were fair and reasonable in the circumstances. The Commission also considered the impact of the agreement on employees, employers, and the industry as a whole.

The Commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions. The Commission noted that the parties had engaged in a genuine and meaningful bargaining process, with the agreement reflecting a balanced consideration of the interests of both employers and employees. The Commission was satisfied that the agreement provided for minimum rates of pay and other conditions that were fair and reasonable, taking into account the specific circumstances of the industry. The Commission concluded that the agreement met the statutory criteria for approval and granted the application for the agreement to be registered as a safety net award.

The Fair Work Commission approved the NUW and AMSRO Market & Social Research Industry Agreement 2017-2020, registering it as a safety net award. This decision provided certainty and stability for employers and employees in the market and social research industry, ensuring that the agreement would serve as a benchmark for fair and reasonable terms and conditions of employment.

CIE Legal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established