Jamuca Pty Ltd T/A TLT Access Services Summary

[2013] FWCA 2788

FAIR WORK COMMISSION

DECISION

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

Jamuca Pty Ltd T/A TLT Access Services
(AG2013/5917)

TLT ACCESS SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE 9 MAY 2013

Application for approval of the TLT Access Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TLT Access Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jamuca Pty Ltd T/A TLT Access Services. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“1. Any repayment by employees pursuant to clause 28.3 of the TLT Access Services Enterprise Agreement 2013 will apply in respect to a maximum of two training courses attended by that employee within the twelve months preceding cessation of employment and each such course repayment will be capped at the maximum of $2,500.00.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2013. The nominal expiry date of the Agreement is 16 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jamuca Pty Ltd, trading as TLT Access Services, sought approval of the TLT Access Services Enterprise Agreement 2013 in the Fair Work Commission. The dispute arose between the employer and the union representing the employees, focusing on the terms and conditions outlined in the proposed agreement. The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the terms governing employee entitlements, such as wages, hours of work, and other conditions. The union raised concerns about several aspects of the agreement, including the classification of employees, the provisions for penalty rates, and the overall fairness of the terms offered. The court had to examine these issues in detail to ascertain whether the agreement provided a safety net that was not less favourable than the applicable awards or registered agreements, and whether it met the genuine agreement threshold.

After thorough consideration of the arguments presented by both parties and the relevant legal frameworks, the Fair Work Commission concluded that the TLT Access Services Enterprise Agreement 2013 was compliant with the statutory requirements. The court found that the agreement provided a safety net that met the minimum standards and was not less favourable than the relevant awards or agreements. Additionally, the court determined that the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. As a result, the application for approval was successful.

Jamuca Pty Ltd T/A TLT Access Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established