DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/1860)

TIC RA NEW CO PTY LTD - NATIONAL UNION OF WORKERS COMPREHENSIVE AGREEMENT 2019 - 2022

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COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2019

Application for approval of the TIC RA New Co Pty Ltd - National Union of Workers Comprehensive Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the TIC RA New Co Pty Ltd - National Union of Workers Comprehensive Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers 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.

[5] 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 1 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

The National Union of Workers made an application before the Fair Work Commission for approval of the TIC RA New Co Pty Ltd - National Union of Workers Comprehensive Agreement 2019 - 2022. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The employer contested the application, arguing that the agreement contained unfair provisions and failed to comply with the Fair Work Act. The Commission was tasked with determining whether the agreement was in the interests of the employees and whether it complied with the relevant legislative provisions.

The Commission considered the provisions of the Fair Work Act, including sections 230, 231, and 233, which outline the requirements for an enterprise agreement to be approved. The Commission also assessed whether the agreement met the criteria for being a simple or low-complexity agreement, as set out in the Fair Work Regulations 2009. The applicant argued that the agreement was in the best interests of the employees and complied with the legislative framework. The employer maintained that certain provisions were unfair and did not meet the statutory requirements.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was in the best interests of the employees and complied with the Fair Work Act. The Commission found that the provisions in question did not render the agreement unfair or non-compliant. The Commission approved the TIC RA New Co Pty Ltd - National Union of Workers Comprehensive Agreement 2019 - 2022, effective from the date of the decision.

The Fair Work Commission approved the TIC RA New Co Pty Ltd - National Union of Workers Comprehensive Agreement 2019 - 2022, finding that it was in the best interests of the employees and complied with the Fair Work Act. The agreement is now approved and in effect.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established