DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1811)

TOMLINSON ENERGY SERVICE PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the Tomlinson Energy Service Pty Ltd (Victoria) Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Tomlinson Energy Service Pty Ltd (Victoria) Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Tomlinson Energy Service Pty Ltd (Victoria) Enterprise Agreement 2019-2021. The union argued that the agreement contained appropriate provisions for employee entitlements, working conditions, and dispute resolution mechanisms. The company contested the union's application, asserting that certain clauses were not in line with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act, including whether it provided for appropriate minimum entitlements, contained genuine bargaining, and did not unfairly discriminate against any group of employees. Additionally, the Commission needed to assess if the agreement's provisions were consistent with contemporary industrial relations practices and whether they promoted a fair and productive workplace environment.

The Commission found that the agreement largely complied with the statutory requirements. The union had demonstrated genuine efforts to negotiate with the company, resulting in an agreement that addressed the needs of both parties. The provisions regarding employee entitlements were deemed adequate, and the dispute resolution mechanisms were considered fair and accessible. While the company's concerns about specific clauses were noted, the Commission concluded that these did not significantly detract from the overall fairness of the agreement. Therefore, the application for approval was granted.

The Fair Work Commission approved the Tomlinson Energy Service Pty Ltd (Victoria) Enterprise Agreement 2019-2021, subject to the conditions and modifications outlined in the decision. The company and the union were directed to implement the agreement and adhere to its terms. Any future disputes relating to the agreement must be resolved in accordance with the specified dispute resolution procedures.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established