Telecommunications Universal Service Management Agency Summary

[2013] FWCA 4157

FAIR WORK COMMISSION

DECISION

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

Telecommunications Universal Service Management Agency
(AG2013/7089)

TELECOMMUNICATIONS UNIVERSAL SERVICE MANAGEMENT AGENCY ENTERPRISE AGREEMENT 2013 - 2014

Commonwealth employment
VICE PRESIDENT LAWLER	SYDNEY, 26 JUNE 2013

Application for approval of the Telecommunications Universal Service Management Agency Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Telecommunications Universal Service Management Agency Enterprise Agreement 2013-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Telecommunications Universal Service Management Agency. 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 as are relevant to this application for approval have been met.

[3] The Community and Public Sector 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Telecommunications Universal Service Management Agency sought approval of its enterprise agreement for the years 2013-2014. The applicant was represented by counsel, and the proceedings were heard in the Fair Work Commission. The primary concern was whether the proposed terms of the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement was consistent with the legislative requirements and whether it complied with the principles of enterprise bargaining. Key issues included whether the agreement provided for a safety net of minimum wages and conditions, ensured no terms were less favourable than the applicable award or registered agreement, and whether it adhered to the procedural requirements for approval. The court also examined whether the agreement had been negotiated in good faith and whether it met the standards of procedural fairness.

The Fair Work Commission found that the enterprise agreement satisfied all the necessary legal criteria. The agreement provided for a safety net of minimum wages and conditions, did not include terms less favourable than the relevant award, and complied with the procedural requirements for approval. The court noted that the agreement had been negotiated in good faith and met the standards of procedural fairness. Consequently, the Commission approved the Telecommunications Universal Service Management Agency Enterprise Agreement 2013-2014.

The Commission approved the enterprise agreement, confirming its compliance with all relevant legal standards. This decision allows the agreement to be implemented, providing the terms and conditions of employment for the specified period.

Telecommunications Universal Service Management Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established