DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Publicis Loyalty Pty Ltd T/A Publicis Loyalty
(AG2017/785)

THE PUBLICIS LOYALTY - ASU AGREEMENT 2016

Contract call centre industry
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2017

Application for approval of The Publicis Loyalty - ASU Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Publicis Loyalty - ASU 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 Publicis Loyalty Pty Ltd T/A Publicis Loyalty. 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] 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.

[5] The Agreement is approved and in accordance with s.54 of the Act, will operate from 26 April 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

Publicis Loyalty Pty Ltd, trading as Publicis Loyalty, applied for approval of the Publicis Loyalty - ASU Agreement 2016. This agreement was between Publicis Loyalty and the Australian Services Union (ASU). The application was heard in the Fair Work Commission (FWC). The nature of the dispute was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 (Cth).

The legal issues before the FWC involved determining whether the agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act. This included assessing whether the agreement covered a relevant bargaining unit, whether it included the prescribed terms and conditions, and whether it was certified by an independent certifier as a genuine agreement. The FWC also needed to consider whether the agreement met the requirements for coverage and whether it was in the best interests of the employees involved.

The FWC found that the agreement was a genuine enterprise agreement and met all the statutory requirements for approval. The agreement was made between the employer and the union, which represented the employees. The FWC determined that the agreement covered a relevant bargaining unit and included the necessary prescribed terms and conditions. The FWC also found that the agreement was certified by an independent certifier and was in the best interests of the employees. The FWC approved the agreement, finding that it complied with the Fair Work Act.

The FWC ordered that the Publicis Loyalty - ASU Agreement 2016 be approved as a certified agreement under the Fair Work Act. The agreement came into effect from the date of the approval and applied to the relevant employees covered by the agreement. The FWC's decision provided clarity on the requirements for approving enterprise agreements and ensured that the rights and interests of employees were protected.

Publicis Loyalty Pty Ltd T/A Publicis Loyalty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established