TTEC International Pty Ltd

Case [2021] FWCA 6492


[2021] FWCA 6492
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

TTEC International Pty Ltd
(AG2021/7683)

TTEC CONTACT CENTRE ENTERPRISE AGREEMENT 2021

Contract call centre industry

COMMISSIONER MATHESON

SYDNEY, 29 OCTOBER 2021

Application for approval of the TTEC Contact Centre Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TTEC Contact Centre Enterprise Agreement 2021 (Agreement). The application was made by TTEC International Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is the date being three years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513716 PR735366>

Annexure A

Details
AGLC
TTEC International Pty Ltd [2021] FWCA 6492
Case
[2021] FWCA 6492
Decision Date

CaseChat Overview and Summary

TTEC International Pty Ltd applied to the Fair Work Commission for approval of the TTEC Contact Centre Enterprise Agreement 2021. The application was opposed by the Australian Services Union, who submitted that the agreement did not comply with the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the statutory criteria for approval under the Act. Specifically, the Commission needed to determine if the agreement provided for proper dispute resolution mechanisms and if it contained provisions that were contrary to public policy.

The Commission examined the dispute resolution provisions in the agreement and found them to be compliant with the statutory requirements. It also considered the submissions made by the Australian Services Union regarding provisions that might be contrary to public policy. The Commission concluded that the provisions in question did not contravene any public policy considerations and therefore, the agreement could be approved. The Commission found that the agreement was fair and reasonable, and it approved the TTEC Contact Centre Enterprise Agreement 2021.

The Fair Work Commission approved the TTEC Contact Centre Enterprise Agreement 2021, finding that it met the statutory requirements for approval. The Commission determined that the dispute resolution mechanisms in the agreement were appropriate and that no provisions were contrary to public policy. This decision provides clarity for employers and employees regarding the terms and conditions of employment under the approved agreement.

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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