DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T & C Services Pty Ltd
(AG2015/4447)

T&C SERVICES (TOMAGO) SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the T&C Services Pty Ltd (Tomago) Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the T&C Services (Tomago) Services Enterprise Agreement 2-15 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 September 201 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, T&C Services Pty Ltd sought approval of the Tomago Services Enterprise Agreement 2015, which was being used to replace an existing agreement. The applicant argued that the new agreement was fair and reasonable in accordance with the Fair Work Act 2009. The dispute was brought before the Commission to determine if the agreement met the legal criteria for approval.

The key legal issue before the Commission was whether the Tomago Services Enterprise Agreement 2015 complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was procedurally valid and if it contained the mandated minimum terms and conditions for employees. The Commission also considered whether the agreement was consistent with the principles of enterprise bargaining and fairness.

After reviewing the submissions and evidence, the Commission found that the Tomago Services Enterprise Agreement 2015 was procedurally valid and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was the product of genuine enterprise bargaining and was fair and reasonable in all the circumstances. The Commission approved the agreement, finding it met all statutory requirements under the Fair Work Act 2009.

The Commission approved the Tomago Services Enterprise Agreement 2015, effective from the date of the decision. The agreement was to apply to the employees covered by the previous agreement until it expired, and thereafter, to the employees of T&C Services Pty Ltd at the Tomago site.

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