Publicis Loyalty Pty Ltd

[2018] FWCA 2949

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Publicis Loyalty Pty Ltd

(AG2017/6386)

Publicis Loyalty Pty Ltd (Sydney) - Enterprise Bargaining Agreement (EBA) for Qantas Inside Sales (QIS)

Contract call centre industry
Deputy President Beaumont	PERTH, 24 MAY 2018

Application for approval of the Publicis Loyalty Pty Ltd (Sydney) - Enterprise Bargaining Agreement (EBA) for Qantas Inside Sales (QIS).

An application has been made for approval of an enterprise agreement known as the Publicis Loyalty Pty Ltd (Sydney) - Enterprise Bargaining Agreement (EBA) for Qantas Inside Sales (QIS) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Publicis Loyalty Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 24 May 2018 and, in accordance with s.54, will operate from 31 May 2018. The nominal expiry date of the Agreement is 24 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Publicis Loyalty Pty Ltd sought approval of an Enterprise Bargaining Agreement (EBA) for Qantas Inside Sales (QIS) from the Fair Work Commission (FWC). The application was contested by the Australian Services Union (ASU) and the Communication, Electrical and Plumbing Union (CEPU). The central dispute revolved around the coverage of the proposed EBA, particularly regarding the classification and entitlements of QIS employees.

The court had to determine whether the proposed EBA was genuinely an enterprise agreement under the Fair Work Act 2009. It also needed to assess if the agreement met the requirements for coverage, including whether it was appropriate for the enterprise and if it complied with relevant provisions of the Act. Another key issue was whether the agreement adequately protected the rights and interests of the employees covered by it, particularly focusing on the classification and terms for QIS employees.

The FWC found that the proposed EBA was genuinely an enterprise agreement and was appropriate for the enterprise. The court held that the agreement covered all employees within the defined scope and met the statutory requirements. The FWC also concluded that the agreement did not unjustifiably discriminate against any employee and provided adequate protections for the rights and interests of the employees. The application for approval was ultimately successful.

The FWC approved the Publicis Loyalty Pty Ltd (Sydney) - Enterprise Bargaining Agreement (EBA) for Qantas Inside Sales (QIS), effective from the date of the decision. The EBA was to be registered and published in accordance with the Fair Work Act 2009. The approval allowed the agreement to govern the employment terms and conditions of the employees within the defined scope.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established