The Lottery Corporation Limited T/A The Lottery Corporation

[2023] FWCA 641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Lottery Corporation Limited T/A The Lottery Corporation

(AG2022/5537)

The Lottery Corporation Contact Centre Enterprise Agreement 2022

Miscellaneous
COMMISSIONER SIMPSON	BRISBANE, 28 FEBRUARY 2023

Application for approval of The Lottery Corporation Contact Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as The Lottery Corporation Contact Centre Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Lottery Corporation Limited T/A The Lottery Corporation (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lottery Corporation Limited T/A The Lottery Corporation applied to the Fair Work Commission for approval of the Contact Centre Enterprise Agreement 2022. This agreement was reached between the company and the Communication, Electrical, Plumbing and Allied Union of Australia (CEPU). The application was heard by the Commission and involved considering the agreement's compliance with relevant federal legislation, specifically the Fair Work Act 2009. The nature of the dispute centred on the specifics of the agreement, which aimed to regulate the employment conditions of contact centre employees within the organisation.

The key legal issues addressed by the Commission were whether the agreement met the criteria for "registered agreement" status under the Fair Work Act, and if it adequately provided for the employees' minimum entitlements, including wages, leave, and other benefits. The Commission also had to assess whether the agreement had been fairly negotiated and if it contained appropriate dispute resolution mechanisms. The primary focus was on ensuring that the agreement complied with all statutory requirements and adequately protected the interests of both the employees and the employer.

In delivering its decision, the Commission examined the details of the agreement clause by clause, confirming that it provided for all minimum entitlements required by law. The Commission was satisfied that the agreement had been fairly negotiated, with proper representation of the employees by the CEPU, and that it included appropriate dispute resolution provisions. The Commission found that the agreement met all necessary criteria and did not identify any provisions that were contrary to public policy or contrary to the objectives of the Fair Work Act. Consequently, the Commission approved the Contact Centre Enterprise Agreement 2022, endorsing its registration.

The final orders included the approval and registration of the Contact Centre Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement was to be in force until 30 June 2026, unless terminated earlier in accordance with its provisions. The decision reinforced the importance of ensuring that enterprise agreements are compliant with federal workplace laws and adequately protect the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established