T&C Services Pty Ltd

[2023] FWCA 110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T&C Services Pty Ltd

(AG2022/5285)

PROGRAMMED INDUSTRIAL MAINTENANCE NSW SOUTH – WOLLONGONG AND SYDNEY REGIONS ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2023

Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T&C Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

I note that clause 13.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 12 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022. The applicant, T&C Services Pty Ltd, sought the approval of the enterprise agreement under the Fair Work Act 2009. The nature of the dispute was the procedural fairness and compliance of the agreement with the statutory requirements of the Fair Work Act. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement had been fairly negotiated and if it met the necessary criteria for approval under the Fair Work Act. This involved assessing the process of negotiation, the extent of employee representation, and whether the agreement addressed all the prescribed terms and conditions of employment as required by the Act. Additionally, the court examined if the agreement had been properly presented and if the necessary procedural steps had been adhered to.

In examining these issues, the court considered the evidence presented by the applicant, which included details of the negotiation process and the consultation with employee representatives. The court found that the agreement had been negotiated in good faith and that the process followed was fair and transparent. The agreement was comprehensive, covering all the prescribed terms and conditions, and was deemed to be in the best interests of the employees. The court concluded that the agreement met all the statutory requirements for approval and was therefore valid.

The Fair Work Commission approved the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Electrical Services Enterprise Agreement 2022, finding it to be a fair and reasonable agreement. The Commission determined that the negotiation process was fair and that the agreement was in the best interests of the employees. The court ordered that the agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established