Publicis Loyalty Pty Ltd

[2013] FWCA 8823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Publicis Loyalty Pty Ltd
(AG2013/11057)

THE PUBLICIS LOYALTY - ASU AGREEMENT 2013

Contract call centre industry
COMMISSIONER CARGILL	SYDNEY, 13 NOVEMBER 2013

Application for approval of The Publicis Loyalty - ASU Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Publicis Loyalty - ASU Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Publicis Loyalty Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union (ASU) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 20 November 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Publicis Loyalty Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, The Publicis Loyalty - ASU Agreement 2013. The Australian Services Union (ASU) sought to have the agreement approved, while the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The court had to assess whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the court involved whether the agreement was a "genuine" enterprise agreement and whether it complied with the procedural requirements for approval under the Fair Work Act. Key considerations included whether the agreement was negotiated in good faith, whether it was free from coercion, and whether it met the procedural requirements for approval, such as the provision of relevant documents and the opportunity for objections. The court also had to determine whether the agreement was in the best interests of the employees, considering factors such as pay rates, working conditions, and any benefits or detriments to the employees.

The Fair Work Commission found that the agreement was genuine and met the necessary criteria for approval. The commission noted that the agreement was negotiated in good faith and was free from any coercive practices. It was also found that the procedural requirements for approval were met, including the provision of all relevant documents and the opportunity for objections. Furthermore, the commission concluded that the agreement was in the best interests of the employees, taking into account the overall benefits and improvements to pay rates and working conditions. Consequently, the court approved the agreement.

The final orders included the approval of The Publicis Loyalty - ASU Agreement 2013, with the agreement to be registered by the Fair Work Commission. The approval was subject to the terms and conditions outlined in the agreement, which would now govern the employment relationship between Publicis Loyalty Pty Ltd and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established