Queensland Tertiary Admissions Centre Limited Summary

[2013] FWCA 6720

FAIR WORK COMMISSION

DECISION

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

Queensland Tertiary Admissions Centre Limited
(AG2013/8857)

QUEENSLAND TERTIARY ADMISSIONS CENTRE LIMITED ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Queensland Tertiary Admissions Centre Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Tertiary Admissions Centre Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Tertiary Admissions Centre Limited. 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 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2013. The nominal expiry date is 30 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Queensland Tertiary Admissions Centre Limited, which sought approval for its Enterprise Agreement 2013. The dispute centred around the terms of the agreement, which the union representing the workers had not endorsed. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely bargained, free from coercion and discrimination, and whether it contained all the mandatory terms prescribed by the Fair Work Act. The union's objections primarily focused on the lack of agreement on certain key terms and the absence of provisions that they deemed necessary for the workers' protection.

In its decision, the Commission carefully considered the evidence presented and the arguments from both parties. It found that while there were some shortcomings in the agreement, the overall process had been genuine and the agreement was largely free from coercion and discrimination. The Commission made specific orders to address the union's concerns and ensure that certain terms were included. Consequently, the Commission approved the agreement with these modifications.

The final orders included the approval of the Enterprise Agreement 2013, subject to the specific amendments and clarifications made by the Commission to address the union's objections and ensure compliance with the Fair Work Act.

Queensland Tertiary Admissions Centre Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established