DECISION

Fair Work Act 2009
s.185—Enterprise agreement

On the Line Australia Limited T/A On the Line
(AG2016/3863)

ON THE LINE AUSTRALIA AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 25 AUGUST 2016

Application for approval of the On the Line Australia Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the On the Line Australia 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 On the Line Australia Limited T/A On the Line. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2016. The nominal expiry date of the Agreement is 24 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

On the Line Australia Limited applied for the approval of the On the Line Australia Agreement 2016 under section 186 of the Fair Work Act 2009. The application was brought before the Full Bench of the Fair Work Commission, comprising of Higgins, Baird, and Dow JJ. The dispute revolved around the terms and conditions of employment for employees working in the telecommunications industry, specifically those employed by On the Line Australia Limited.

The central legal issue before the court was whether the agreement met the criteria for approval under section 186 of the Fair Work Act. This involved determining if the agreement was in the public interest and if it ensured a fair outcome for the employees. The court had to consider whether the agreement provided adequate protections for the employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms.

The court found that the agreement did not adequately address several critical aspects of employee protection. The agreement did not provide sufficient safeguards for employees' wages and conditions, and the dispute resolution mechanisms were not robust enough to ensure fair outcomes for the employees. The court also noted that the agreement did not sufficiently consider the public interest, particularly in terms of ensuring that the employees were not disadvantaged in their employment. Consequently, the court refused to approve the agreement. The court's decision was grounded in the need to protect the interests of employees and ensure that any employment agreements met the statutory requirements for approval.

On the Line Australia Limited T/A On the Line

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established