DocsCorp Pty Ltd Summary

[2013] FWCA 5439

FAIR WORK COMMISSION

DECISION

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

DocsCorp Pty Ltd
(AG2013/1892)

JUNE 2013 DOCSCORP PTY LTD SINGLE ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for approval of the June 2013 DocsCorp Pty Ltd Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the June 2013 DocsCorp Pty Ltd Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DocsCorp Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 9 July 2013.

[3] The company has provided written undertakings in relation to the application of the National Employment Standards (NES) that will form part of the Agreement, in particular the notice period in clause 12.5, as well as redeployment in clause 13.1, and redundancy in clause 53. The views of each of the bargaining representatives for the Agreement have been sought in relation to the undertakings.

[4] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted that they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 August 2013. The nominal expiry date is 31 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

DocsCorp Pty Ltd is a company engaged in document management and processing services. A dispute arose concerning the approval of a single enterprise agreement entered into by the company and its employees. The matter was brought before the Fair Work Commission. The central legal issue was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, if it contained the required minimum terms and conditions, and if it was procedurally sound.

The court examined the negotiation process and the content of the agreement to ascertain if it met the statutory requirements. It was crucial to assess whether the agreement was genuinely negotiated between the employer and the employees and whether it included all mandated minimum terms and conditions. Additionally, the court had to ensure that the agreement was not only substantively but also procedurally compliant with the legislation. The Fair Work Act requires that the agreement be certified by the Commission after a thorough examination of these factors.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The court was satisfied with the procedural integrity of the negotiation process and the agreement's content. Consequently, the Commission approved the DocsCorp Pty Ltd Single Enterprise Agreement, deeming it compliant with the statutory requirements. The decision was based on a detailed analysis of the negotiation process, the content of the agreement, and adherence to legislative mandates. The court's approval of the agreement ensures that it will govern the employment conditions of the company's employees, subject to the terms and conditions set out in the agreement.

DocsCorp Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established