Global Tele Sales Pty Ltd Summary

[2014] FWCA 6885

FAIR WORK COMMISSION

DECISION

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

Global Tele Sales Pty Ltd
(AG2014/6565)

GLOBAL TELE SALES ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2014

Application for approval of the Global Tele Sales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Global Tele Sales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Tele Sales Pty Limited (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 15 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves an application by Global Tele Sales Pty Ltd for the approval of the Global Tele Sales Enterprise Agreement 2014. The Fair Work Commission was asked to assess the application to determine if the agreement met the necessary criteria under the Fair Work Act 2009. The primary dispute centred around the procedural fairness and the terms and conditions outlined in the agreement, which the respondents argued did not comply with the requirements for a fair and equitable enterprise agreement.

The legal issues the court had to decide included whether the application process was conducted with due regard to procedural fairness and if the terms of the agreement were consistent with the principles of good faith bargaining and fairness as required by the Fair Work Act. The court also needed to consider whether the agreement provided for a fair and efficient method of determining employees' terms and conditions of employment, and if the agreement was consistent with the public interest.

In its decision, the Fair Work Commission found that the application process was conducted in a manner that satisfied procedural fairness. The Commission concluded that the agreement was consistent with the principles of good faith bargaining and was fair and equitable. The Commission approved the Global Tele Sales Enterprise Agreement 2014, noting that it provided a fair and efficient method of determining employees' terms and conditions of employment and was in the public interest. The decision was based on the evidence presented and the provisions of the Fair Work Act, ensuring that the agreement met all statutory requirements.

Global Tele Sales Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established