DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Tertiary Admissions Centre Limited
(AG2016/6713)

QUEENSLAND TERTIARY ADMISSIONS CENTRE LIMITED ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Queensland Tertiary Admissions Centre Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Tertiary Admissions Centre Limited Enterprise 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 Queensland Tertiary Admissions Centre Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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.

[7] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Queensland Tertiary Admissions Centre Limited, which sought approval of its 2016 Enterprise Agreement from the Fair Work Commission. The nature of the dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission, as the relevant court in this matter, had to assess if the agreement complied with the legislative framework.

The legal issues before the Commission encompassed whether the agreement appropriately addressed various provisions, such as those related to classification, remuneration, and conditions of employment. Key to the decision was determining if the agreement provided for fair and reasonable terms for both the employees and the employer, ensuring it did not disadvantage either party. Additionally, the Commission had to consider if the agreement complied with the procedural requirements for approval, including the provision of necessary information and proper consultation processes.

In its reasoning, the Commission evaluated the provisions of the agreement against the statutory criteria. It found that the agreement met the necessary standards for approval, including appropriate classifications, fair remuneration, and reasonable conditions. The Commission was satisfied that the agreement was fair and reasonable, and did not disadvantage either party, and that the procedural requirements for approval had been met. As such, the Commission approved the Queensland Tertiary Admissions Centre Limited Enterprise Agreement 2016.

The final orders of the Commission were to approve the 2016 Enterprise Agreement, confirming its compliance with the Fair Work Act 2009 and its regulations. The agreement was to take effect from the date of the Commission's approval, ensuring that the terms and conditions set out in the agreement were binding on both the employer and the employees.

Queensland Tertiary Admissions Centre Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established