[2014] FWCA 8706

The attached document replaces the document previously issued with the above code on 5 December 2014.

Typographical error in Item 1

John Posener

Associate to Commissioner Cargill

Dated 5 December 2014

[2014] FWCA 8706

FAIR WORK COMMISSION

DECISION

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

Roy Morgan Research Pty Ltd
(AG2014/10033)

ROY MORGAN ENTERPRISE AGREEMENT 2014-2017

Market and business consultancy services
COMMISSIONER CARGILL	SYDNEY, 5 DECEMBER 2014

Application for approval of the Roy Morgan Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Roy Morgan Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Roy Morgan Research Pty Ltd. The agreement is a multi-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 National Union of Workers 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 12 December 2014. The nominal expiry date is three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Roy Morgan Research Pty Ltd for the approval of the Roy Morgan Enterprise Agreement 2014-2017. The company sought the agreement's approval under section 234 of the Fair Work Act 2009, with the Fair Work Commission exercising its powers to approve the agreement. The dispute centred on the procedural fairness of the bargaining process leading to the agreement and whether the agreement met the criteria for good faith bargaining and fair terms and conditions.

The legal issues the court was required to decide included whether the bargaining process was conducted in good faith and whether the agreement's terms and conditions were fair. The applicant argued that the bargaining process was conducted in good faith and that the agreement's terms and conditions were fair. The respondent, however, contended that the bargaining process was unfair and that the agreement's terms and conditions were not fair.

The Fair Work Commission found that the bargaining process was conducted in good faith and that the agreement's terms and conditions were fair. The Commission considered the process, the content of the agreement, and the parties' conduct throughout the bargaining process. The Commission found that the applicant had engaged in good faith bargaining and that the agreement's terms and conditions were fair and reasonable. The Commission approved the Roy Morgan Enterprise Agreement 2014-2017 under section 234 of the Fair Work Act 2009. The Commission ordered that the agreement be approved as a registered agreement.

Roy Morgan Research Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established