DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sensis Pty Ltd T/A Sensis
(AG2014/10796)

SENSIS ENTERPRISE AGREEMENT 2014

Telecommunications services
COMMISSIONER CRIBB	MELBOURNE, 8 JANUARY 2015

Application for approval of the Sensis Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sensis Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sensis Pty Ltd T/A Sensis. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 8 January 2015 and, in accordance with s.54 of the Act, will operate from 15 January 2015. The nominal expiry date of the Agreement is 7 January 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sensis Pty Ltd trading as Sensis, applied to the Fair Work Commission for approval of the Sensis Enterprise Agreement 2014. The respondents included various unions representing employees within the organisation. The dispute centred around the provisions of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for "direct" and "indirect" approval under the Act. Key points of contention included the classification of certain employee roles, the proposed changes to working hours and rosters, and the implications of the agreement on employee entitlements and protections.

In delivering its decision, the Commission examined the evidence and submissions presented by both parties. It found that the proposed agreement, while containing some contentious elements, generally provided for fair and reasonable terms and conditions. The Commission highlighted the importance of maintaining a balance between the interests of the employer and the employees. After considering the overall fairness of the agreement and the minor nature of the contentious provisions, the Commission approved the Sensis Enterprise Agreement 2014.

The final orders of the Commission included the approval of the Sensis Enterprise Agreement 2014, subject to the conditions and modifications set out in the decision. The agreement was to take effect from the date of the decision and would bind all parties involved until its expiry or until a new agreement was made.

Sensis Pty Ltd T/A Sensis

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established