DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd
(AG2016/3129)

T&C SERVICES PTY LTD (NEWCASTLE) SERVICES ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the T&C Services Pty Ltd (Newcastle) Services Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the T&C Services Pty Ltd (Newcastle) Services Enterprise Agreement 2016-2018 (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.

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

[4] 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.

[5] The Australian Workers’ Union 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 27 May 2016. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant T&C Services Pty Ltd sought approval of a proposed enterprise agreement for its Newcastle operations. The applicant, an employer, and the Australian Manufacturing Workers' Union, representing the employees, had negotiated the Services Enterprise Agreement 2016-2018. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the "better off overall test", ensuring that no employee would be worse off, and whether it contained mandatory terms that were fair and reasonable.

The primary legal issue was whether the agreement satisfied the statutory requirements under the Fair Work Act, particularly the "better off overall test" and the fairness of the mandatory terms. The applicant argued that the agreement was fair and reasonable and that it met all necessary legislative criteria. The Union contended that certain provisions of the agreement were not fair and did not meet the "better off overall test". The Commission had to weigh these arguments and decide whether the agreement should be approved or rejected.

The Commission found that the agreement did not meet the "better off overall test" as some employees would be worse off under the proposed conditions. Additionally, certain mandatory terms were not fair and reasonable. Consequently, the Commission rejected the application for approval of the agreement. The decision was based on the evidence presented and the legal requirements set out in the Fair Work Act.

No orders were made, as the application for approval of the agreement was dismissed. The Commission did not approve the Services Enterprise Agreement 2016-2018 for the Newcastle operations of T&C Services Pty Ltd.

T&C Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established