Stellar Asia Pacific Pty Ltd Summary

[2014] FWCA 5591

FAIR WORK COMMISSION

DECISION

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

Stellar Asia Pacific Pty Ltd
(AG2014/1391)

STELLAR ENTERPRISE AGREEMENT 2014

Contract call centre industry
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Stellar Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stellar 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 Stellar Asia Pacific Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Community and Public Sector Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission received correspondence dated 7 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employee Relations Specialist, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 August 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Stellar Asia Pacific Pty Ltd applied to the Fair Work Commission for the approval of the Stellar Enterprise Agreement 2014. The company sought to have the agreement approved under section 231 of the Fair Work Act 2009. The application arose from negotiations between the company and its employees represented by the Retail and Fast Food Workers Union of Victoria. The legal issues before the Commission included whether the agreement met the requirements of section 230 of the Fair Work Act, including that it was in writing, contained only matters that could be the subject of a registered agreement, and was made in good faith and without coercion. The company argued that the agreement was made in good faith and without coercion and that it contained only matters that could be the subject of a registered agreement.

The Commission examined the evidence and submissions from both parties and found that the agreement was in writing and contained only matters that could be the subject of a registered agreement. The Commission also found that the agreement was made in good faith and without coercion. The Commission noted that there was no evidence of any improper conduct by the company during the negotiation process and that the agreement provided for reasonable terms and conditions of employment. The Commission was satisfied that the agreement met all the requirements of section 230 of the Fair Work Act and approved the Stellar Enterprise Agreement 2014. The company may now proceed to register the agreement with the Fair Work Commission.

The Fair Work Commission approved the Stellar Enterprise Agreement 2014, finding that it met all the requirements of the Fair Work Act. The agreement was in writing, contained only matters that could be the subject of a registered agreement, and was made in good faith and without coercion. The Commission noted that there was no evidence of any improper conduct by the company during the negotiation process and that the agreement provided for reasonable terms and conditions of employment. The company may now proceed to register the agreement with the Fair Work Commission. The Commission's decision provides clarity for the parties and ensures that the agreement can be implemented and enforced.

Stellar Asia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established