Together Queensland, Industrial Union of Employees

[2014] FWCA 3644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Together Queensland, Industrial Union of Employees
(AG2014/1143)

ORGANISING CONTACT CENTRE CERTIFIED AGREEMENT 2013

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 2 JUNE 2014

Application for approval of the Organising Contact Centre Certified Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Organising Contact Centre Certified Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Together Queensland, Industrial Union of Employees (Together QLD). The agreement is a single-enterprise agreement.

[2] On 30 May 2014 undertakings were provided by Mr A Scott, Secretary of Together QLD, in relation to clause 5.1 (Consultation) and clause 5.3 (Employee grievance procedures). Pursuant to s.190 of the Act, I accept Together QLD’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Australian Municipal, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2014. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Together Queensland, Industrial Union of Employees, which applied for the approval of the Organising Contact Centre Certified Agreement 2013. The application was heard in the Fair Work Commission. The union sought to have the agreement recognised as a safety net agreement, ensuring that it provides minimum pay rates and conditions for employees within the contact centre industry.

The primary legal issue before the Commission was whether the agreement met the criteria for safety net certification under the Fair Work Act. The Commission considered whether the agreement provided adequate protections for employees' wages, hours of work, and other working conditions, and whether it aligned with the broader objectives of the Act in providing a fair and equitable safety net for workers.

The Fair Work Commission found that the Organising Contact Centre Certified Agreement 2013 did meet the requirements for safety net certification. The agreement provided a comprehensive set of minimum terms and conditions that covered various aspects of employment, including wages, leave entitlements, and workplace rights. The Commission was satisfied that the agreement provided a fair and effective safety net for employees in the contact centre industry, and that it was consistent with the objectives of the Fair Work Act.

As a result of the Commission's decision, the Organising Contact Centre Certified Agreement 2013 was approved as a safety net agreement. This meant that the terms and conditions set out in the agreement would apply to all employees within the contact centre industry who were not covered by an enterprise agreement, providing them with a minimum standard of pay and conditions. The approval of the agreement was an important step in ensuring that workers in the industry received fair and equitable treatment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established