DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NSW Country Taxi Call Centre Pty Ltd
(AG2016/7645)

NSW COUNTRY TAXI CALL CENTRE ENTERPRISE AGREEMENT 2016

Contract call centre industry
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the NSW Country Taxi Call Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NSW Country Taxi Call Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NSW Country Taxi Call Centre Pty Ltd. 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 Australian Municipal, Administrative, Clerical and Services Union 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 9 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the NSW Country Taxi Call Centre Enterprise Agreement 2016. The applicant, NSW Country Taxi Call Centre Pty Ltd, sought the endorsement of the agreement, which was negotiated between the company and its employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions related to working hours, overtime, and penalty rates.

The court needed to determine if the agreement met the legal requirements under the Act, including whether it provided for fair and reasonable terms and conditions of employment. The key issues involved the interpretation of specific clauses in the agreement, the compliance with minimum entitlements, and the fairness of the proposed terms. The court also had to consider the balance between the rights of the employer and the rights of the employees.

The Fair Work Commission found that the agreement was largely compliant with the Act. The provisions regarding working hours, overtime, and penalty rates were deemed reasonable and fair, taking into account the specific circumstances of the industry and the nature of the work. The court emphasised the importance of the negotiated nature of the agreement and its reflection of the parties' mutual consent. Consequently, the Commission approved the agreement, recognising its alignment with the principles of the Act.

The final orders of the Commission included the approval of the NSW Country Taxi Call Centre Enterprise Agreement 2016, subject to the terms and conditions set out in the agreement. The approval was contingent upon the implementation of the agreement in accordance with the provisions of the Fair Work Act. The decision underscored the Commission's role in ensuring that enterprise agreements are fair and reasonable, while also recognising the autonomy of the parties involved in the negotiation process.

NSW Country Taxi Call Centre Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established