DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interstate Enterprises Pty Ltd T/A Tecside Group
(AG2019/4597)

TECSIDE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2020

Application for approval of the Tecside Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tecside Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interstate Enterprises Pty Ltd T/A Tecside Group. 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 Agreement was approved on 16 January 2020 and, in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 15 January 2024.

COMMISSIONER

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Interstate Enterprises Pty Ltd T/A Tecside Group was the applicant seeking approval of the Tecside Enterprise Agreement 2020. The application was lodged with the Fair Work Commission. The agreement was intended to cover employees in various roles within the company and encompassed terms and conditions of employment, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009, specifically whether it facilitated, promoted, or improved the productivity of the enterprise and its employees.

The Fair Work Commission was required to determine whether the proposed enterprise agreement contained the necessary "pro-productivity" elements as mandated by the Fair Work Act. This included assessing whether the agreement facilitated, promoted, or improved productivity of the enterprise and its employees. The Commission also needed to consider whether the agreement met the other statutory requirements, such as ensuring fairness and providing for the proper operation of the enterprise. The Commission examined the contents of the agreement, the bargaining processes involved, and the overall impact of the proposed terms on the employees and the enterprise.

The Commission concluded that the Tecside Enterprise Agreement 2020 contained the necessary pro-productivity elements and met the other statutory requirements for approval. The agreement was found to facilitate and promote productivity through various mechanisms, including clear delineation of roles and responsibilities, streamlined processes, and provisions for performance management. The Commission also noted that the agreement ensured fairness and provided for the proper operation of the enterprise. Consequently, the Commission approved the agreement, finding that it was in the best interests of the enterprise and its employees.

The final order of the Commission was that the Tecside Enterprise Agreement 2020 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms and conditions outlined within it. The decision underscored the importance of ensuring that enterprise agreements not only protect the rights of employees but also promote productivity and the overall well-being of the enterprise.

Interstate Enterprises Pty Ltd T/A Tecside Group

DECISION

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Legal Principle Established