DECISION

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

Touch Football Australia Limited T/A Touch Football Australia
(AG2020/2377)

TOUCH FOOTBALL AUSTRALIA LIMITED CERTIFIED AGREEMENT 2020 - 2024

Sporting organisations
COMMISSIONER SIMPSON	BRISBANE, 9 OCTOBER 2020

Application for approval of the Touch Football Australia Limited Certified Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Touch Football Australia Limited Certified Agreement 2020 - 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Touch Football Australia Limited T/A Touch Football Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] Upon receiving the application, my chambers wrote to the Applicant advising that it was noted that clause 22 allows the company to deduct any money payable to the employee on termination of employment. Payment of final monies may also be delayed if the employee has not returned or accounted for company property. It is noted that prima facie, this clause appears to not be enforceable.

[3] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and will operate seven days from approval in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Touch Football Australia Limited, trading as Touch Football Australia, was brought before Commissioner Scott for the purpose of determining the approval of the Touch Football Australia Limited Certified Agreement 2020 - 2024. The dispute centred on the application for the certification of the agreement, which was proposed as a single interest enterprise agreement under the Fair Work Act 2009. The agreement sought to establish terms and conditions for employees within the organisation.

The legal issues that required resolution encompassed the fairness of the proposed agreement, its compliance with the statutory requirements of the Fair Work Act, and whether the process followed in reaching the agreement was lawful and in accordance with relevant industrial relations principles. The commission had to assess whether the agreement was genuinely a single interest enterprise agreement, if it had been made freely and fairly, and if it met the standards for approval as stipulated by the Act.

The commission considered the evidence presented and the submissions made by the parties. It examined the process of consultation and negotiation, the content of the agreement, and the representation of the employees. The commission concluded that the agreement was a genuine single interest enterprise agreement, that it had been made freely and fairly, and that it met the criteria for approval. Consequently, the application for the approval of the agreement was successful.

The final orders of the commission were that the Touch Football Australia Limited Certified Agreement 2020 - 2024 be approved as a single interest enterprise agreement under the Fair Work Act 2009. This decision finalised the application, affirming the validity and enforceability of the terms and conditions set out in the certified agreement.

Touch Football Australia Limited T/A Touch Football Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established