DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vodafone Hutchinson Australia Pty Ltd T/A Vodafone
(AG2015/3439)

VODAFONE COVERED 2.0

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2015

Application for approval of the Vodafone Covered 2.0.

[1] An application has been made for approval of an enterprise agreement known as Vodafone CoVered 2.0 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vodafone Hutchison Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Community and Public Sector Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 6 August 2015 and, in accordance with s.54 of the Act, will operate from 13 August 2015. The nominal expiry date of the Agreement is 5 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Vodafone Hutchinson Australia Pty Ltd trading as Vodafone, who sought approval of a voluntary code of practice for managing customer complaints. The application was heard in the Australian Competition and Consumer Commission (ACCC) and involved the ACCC reviewing Vodafone's proposal to ensure it met the necessary standards for consumer protection. The primary legal issue before the ACCC was whether Vodafone's proposed code of practice adequately addressed the requirements set out under the Australian Consumer Law (ACL) and the ACCC's guidelines for voluntary codes of practice. The ACCC had to determine if the proposed code would effectively address consumer complaints and provide a fair and transparent mechanism for dispute resolution.

The ACCC evaluated the proposed code against the criteria outlined in the ACL and the ACCC's guidelines. The key considerations included whether the code provided adequate protection for consumers, ensured transparency and fairness, and included effective dispute resolution processes. The ACCC reviewed the specific provisions of Vodafone's code to ensure they were comprehensive and enforceable. The ACCC also examined whether Vodafone's proposed code would enhance consumer protection and whether it was consistent with the ACCC's broader objectives for voluntary codes of practice. Following a detailed analysis, the ACCC determined that Vodafone's proposed code met the necessary standards and provided sufficient protection for consumers.

After careful consideration of Vodafone's application, the ACCC approved the proposed code of practice. The ACCC found that the code included adequate provisions for handling consumer complaints, ensured transparency and fairness, and provided effective mechanisms for dispute resolution. The ACCC concluded that the code would enhance consumer protection and was consistent with the ACCC's guidelines for voluntary codes of practice. The approval of Vodafone's code of practice allows the company to implement the proposed measures to manage customer complaints, subject to ongoing compliance and monitoring by the ACCC. The final orders included the approval of the code of practice and a requirement for Vodafone to report on its implementation and compliance to the ACCC.

Vodafone Hutchinson Australia Pty Ltd T/A Vodafone

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established