Employment Advocacy Solutions Pty Ltd

[2013] FWCA 6384

FAIR WORK COMMISSION

DECISION

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

Employment Advocacy Solutions Pty Ltd
(AG2013/2471)

SINGLE ENTERPRISE AGREEMENT NETWORK SOLUTIONS (AUST) PTY LTD 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Single Enterprise Agreement Network Solutions (Aust) Pty Ltd 2013.

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

[2] The company has provided an undertaking concerning notice periods for probationary employees in clause 52 of the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is 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 undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 September 2013. The nominal expiry date is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd, an applicant, sought approval of the Single Enterprise Agreement Network Solutions (Aust) Pty Ltd 2013 from the Fair Work Commission. The dispute involved the terms and conditions of employment of certain employees of Network Solutions (Aust) Pty Ltd, and the role of Employment Advocacy Solutions in representing those employees. The primary issue before the Fair Work Commission was whether the agreement met the statutory requirements for approval, particularly under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely negotiated, and whether it complied with the provisions of the Act regarding the representation of employees.

The Fair Work Commission carefully considered the evidence and submissions provided by both parties. The Commission examined the process by which the agreement was negotiated, the role of Employment Advocacy Solutions in that process, and whether the agreement genuinely reflected the interests of the employees. The Commission also evaluated the compliance of the agreement with the statutory requirements, including the provisions relating to the representation of employees. After thorough analysis, the Commission found that the agreement was genuinely negotiated and complied with the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Single Enterprise Agreement Network Solutions (Aust) Pty Ltd 2013. The Commission found that Employment Advocacy Solutions had properly represented the employees in the negotiation process, and that the agreement reflected their interests. The Commission also determined that the agreement complied with the provisions of the Fair Work Act 2009, and therefore met the statutory requirements for approval. This decision provides clarity for future negotiations and agreements in similar circumstances, ensuring that the interests of employees are properly represented and protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established