DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Touch Football Australia Incorporated
(AG2016/3166)

TOUCH FOOTBALL AUSTRALIA INC CERTIFIED AGREEMENT 2016 - 2020

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 JUNE 2016

Application for approval of the Touch Football Australia Inc Certified Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Touch Football Australia Inc Certified Agreement 2016 - 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Touch Football Australia Incorporated. The Agreement is a single-enterprise agreement.

[2] The application was the subject of a hearing on 20 June 2016. Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Touch Football Australia Incorporated. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Touch Football Australia Incorporated applied to the Fair Work Commission to approve a Certified Agreement which was entered into with the Australian Workers’ Union. The applicants sought to have the agreement registered under the Fair Work Act 2009 as a certified agreement. The union had certified that it was satisfied with the terms of the agreement, however the applicants could not satisfy the Commission that the union had followed the requirements of the Fair Work Act when certifying the agreement. The applicants sought to have the agreement registered by the Commission as a certified agreement.

The Commission had to determine whether the union had followed the requirements of the Fair Work Act when certifying the agreement, including whether the union had taken reasonable steps to ensure that members of the union who were likely to be affected by the agreement were given an opportunity to be represented in the negotiations of the agreement and to vote on the agreement. The Commission found that the union had not followed the requirements of the Fair Work Act when certifying the agreement. The union had not taken reasonable steps to ensure that members of the union who were likely to be affected by the agreement were given an opportunity to be represented in the negotiations of the agreement and to vote on the agreement.

The Commission found that the union had not followed the requirements of the Fair Work Act when certifying the agreement. The union had not taken reasonable steps to ensure that members of the union who were likely to be affected by the agreement were given an opportunity to be represented in the negotiations of the agreement and to vote on the agreement. The Commission did not approve the application for registration of the agreement as a certified agreement. The Commission found that the union had not complied with the requirements of the Fair Work Act when certifying the agreement and therefore could not approve the application for registration.

Touch Football Australia Incorporated

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established