DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd
(AG2015/6855)

PROGRAMMED FACILITY MANAGEMENT (PENRITH BRANCH) ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Programmed Facility Management (Penrith Branch) Electrical Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management (Penrith Branch) Electrical Services Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves T&C Services Pty Ltd, the respondent, who brought an application for the approval of the Programmed Facility Management (Penrith Branch) Electrical Services Enterprise Agreement 2015. The applicant, Programmed Facility Management (Penrith Branch), sought approval of this enterprise agreement, which sets out terms and conditions for employees within its Penrith Branch. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes and ensuring compliance with the Fair Work Act 2009.

The legal issues before the commission were whether the enterprise agreement was genuinely bargained, free from coercion and undue influence, and whether it complied with the statutory requirements under the Fair Work Act 2009. The commission had to consider whether the agreement was made in good faith and whether it complied with the procedural fairness requirements. Additionally, the commission examined whether the agreement provided for fair and reasonable terms and conditions for the employees.

The commission found that the enterprise agreement was genuinely negotiated and not made under duress. The evidence presented showed that the agreement was the result of proper consultation and negotiation between the parties. The commission also noted that the agreement included fair and reasonable terms and conditions for the employees. In particular, the agreement provided for adequate remuneration, reasonable working hours, and appropriate leave entitlements. The commission concluded that the agreement complied with all the statutory requirements under the Fair Work Act 2009.

Consequently, the commission approved the Programmed Facility Management (Penrith Branch) Electrical Services Enterprise Agreement 2015. The agreement was deemed to be a valid and enforceable enterprise agreement, providing the terms and conditions of employment for the employees within the Penrith Branch of Programmed Facility Management.

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