TeleTech International Pty Ltd

Case [2016] FWCA 3343


[2016] FWCA 3343
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

TeleTech International Pty Ltd
(AG2016/2895)

TELETECH CONTACT CENTRE ENTERPRISE AGREEMENT 2016

Contract call centre industry

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 MAY 2016

Application for approval of the TeleTech Contact Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TeleTech Contact Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TeleTech International Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016 .The nominal expiry date of the Agreement is 2 June 2019.

DEPUTY PRESIDENT

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Details
AGLC
TeleTech International Pty Ltd [2016] FWCA 3343
Case
[2016] FWCA 3343
Decision Date

CaseChat Overview and Summary

TeleTech International Pty Ltd recently brought an application before the Fair Work Commission to seek approval of the TeleTech Contact Centre Enterprise Agreement 2016. The company sought to have the agreement registered under the Fair Work Act 2009, which governs the process for approving enterprise agreements in Australia. The dispute centred on whether the agreement met all statutory requirements for registration, including compliance with procedural fairness and good faith negotiation standards.

The legal issues before the Commission involved whether TeleTech had genuinely negotiated the agreement in good faith and whether it had complied with all procedural requirements for approval. The company argued that the agreement was the product of genuine negotiations and had been approved by the requisite majority of employees. The Fair Work Commission examined the process through which the agreement was negotiated, the documentation provided, and the level of employee participation and engagement in the negotiation process.

In evaluating these issues, the Commission considered the evidence presented by TeleTech, including the negotiation records, the voting results, and the overall process followed. The Commission found that the negotiation process was conducted in good faith and that the agreement had been approved by the requisite majority of employees. The Commission was satisfied that TeleTech had fulfilled all the necessary requirements for the approval of the agreement. Consequently, the Commission approved the TeleTech Contact Centre Enterprise Agreement 2016 for registration.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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