DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7143)

INSIGHT FTS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016 OR THE PROFESSIONAL FUNDRAISING AGREEMENT

Contract call centre industry
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Insight FTS Pty Ltd and National Union of Workers Enterprise Agreement 2016 or the Professional Fundraising Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Insight FTS Pty Ltd and National Union of Workers Enterprise Agreement 2016 or the Professional Fundraising Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Insight FTS Pty Ltd, together with the National Union of Workers, applied to the Fair Work Commission for the approval of the Insight FTS Pty Ltd and National Union of Workers Enterprise Agreement 2016, also known as the Professional Fundraising Agreement. The application for approval was opposed by a number of employees of Insight FTS, who argued that the agreement was not in the best interests of the employees as it failed to provide adequate protections and entitlements.

The primary legal issue before the Commission was whether the agreement was fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement provided adequate protections for employees in terms of their entitlements, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was fair and reasonable and should be approved. The Commission found that the agreement provided for adequate protections and entitlements for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to be in writing and to be certified as a bargaining agreement. The Commission noted that while there were some concerns raised by the employees, these did not outweigh the overall fairness of the agreement.

The Fair Work Commission approved the Insight FTS Pty Ltd and National Union of Workers Enterprise Agreement 2016, effective from 1 July 2016. The employees who opposed the agreement were given the right to apply to the Fair Work Commission for an extension of the agreement's operation to allow for further negotiation and consultation with the employer.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established