DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T & C Services Pty Ltd
(AG2015/1398)

T&C SERVICES PTY LTD (NEWCASTLE) SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 JULY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the T&C Services Pty Ltd (Newcastle) Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 June 2015.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 1 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

T & C Services Pty Ltd is the subject of an application for the approval of the Services Enterprise Agreement 2015. The Fair Work Commission was asked to consider the application, which was brought by the employer. The agreement was negotiated between the employer and the employees' union, and it pertains to the terms and conditions of employment for the employees. The primary concern was whether the agreement met the criteria for approval as stipulated by the Fair Work Act 2009.

The central legal issues the commission needed to address were whether the agreement was a genuine enterprise agreement and if it complied with the procedural and substantive requirements of the Act. The procedural requirement includes the agreement being made in good faith and following a proper process. The substantive requirement ensures that the agreement does not harm the employees or the public interest. The commission examined whether the agreement adequately covered the employees, provided fair and reasonable terms, and did not include provisions that were contrary to public policy.

The commission found that the agreement was genuinely made in good faith and through proper consultation processes. It also determined that the agreement complied with all the necessary procedural and substantive requirements. The agreement provided fair and reasonable terms for the employees, did not include any detrimental provisions, and was in the best interest of the employees and the employer. The commission approved the Services Enterprise Agreement 2015 for T & C Services Pty Ltd, allowing it to come into effect as per the specified commencement date.

T & C Services Pty Ltd

DECISION

CaseChat Overview and Summary

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