DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum ER Pty Ltd T/A Platinum Employee Relations
(AG2014/8281)

AN NISA PTY LTD 2014 EBA

Telecommunications services
COMMISSIONER CRIBB	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the An Nisa Pty Ltd 2014 EBA.

[1] An application has been made for approval of an enterprise agreement known as the An Nisa Pty Ltd 2014 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum ER Pty Ltd T/A Platinum Employee Relations. The agreement is a multi-enterprise agreement.

[2] An undertaking has been given with respect to clauses 13.1.1 and 21.9 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 9 February 2015 and, in accordance with s.54 of the Act, will operate from 16 February 2015. The nominal expiry date of the Agreement is 8 February 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Platinum ER Pty Ltd, trading as Platinum Employee Relations, and An Nisa Pty Ltd. The dispute was over the approval of the 2014 Enterprise Bargaining Agreement (EBA) between the parties. The Fair Work Commission (FWC) was the tribunal tasked with resolving the matter.

The primary legal issue the FWC needed to address was whether the 2014 EBA complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC had to determine if the EBA met the criteria for good faith bargaining and whether it contained all necessary provisions as stipulated by the Act. The FWC also considered if the EBA was fair and reasonable for the employees involved.

The FWC meticulously examined the EBA to ensure it met the legal standards for good faith bargaining and contained all required provisions. The tribunal found that the EBA did indeed meet these criteria, as it had been negotiated in good faith and included all necessary components. Additionally, the FWC concluded that the EBA was fair and reasonable for the employees, taking into account their needs and interests. Based on these findings, the FWC approved the 2014 EBA.

As a result of the FWC's decision, the 2014 EBA between Platinum ER Pty Ltd and An Nisa Pty Ltd was approved. This approval signifies that the agreement is legally binding and can be enforced under the Fair Work Act 2009 (Cth).

Platinum ER Pty Ltd T/A Platinum Employee Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established