T&C Services Pty Ltd Summary

[2014] FWCA 7733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd
(AG2014/7576)

T&C SERVICES PTY LTD SYDNEY MECHANICAL SERVICES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2014

Application for approval of the T&C Services Pty Ltd Sydney Mechanical Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
T&C Services Pty Ltd Sydney Mechanical Services Enterprise Agreement 2014 (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 lodged within 14 days after it was made.

[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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has 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 that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of T&C Services Pty Ltd, the Fair Work Commission considered an application for the approval of the Sydney Mechanical Services Enterprise Agreement 2014. The application was brought forth by T&C Services Pty Ltd, the employer, who sought approval of the proposed enterprise agreement with its employees. The agreement was intended to regulate the terms and conditions of employment for the mechanical services employees in Sydney. The dispute centred on the procedural fairness of the bargaining process leading to the agreement and the overall compliance of the agreement with relevant legislative requirements.

The legal issues before the Commission included whether the agreement was negotiated in good faith and whether the bargaining process was procedurally fair. Additionally, the Commission needed to determine if the agreement met the standards set out in the Fair Work Act 2009 and whether it provided appropriate safeguards for employees. The Commission examined the evidence presented regarding the bargaining process, the nature of the agreement, and its implications for the employees.

The Commission found that the agreement was negotiated in good faith and that the bargaining process was procedurally fair. It determined that the agreement contained appropriate safeguards for employees and complied with the statutory requirements under the Fair Work Act 2009. The Commission concluded that the agreement was in the best interests of the employees and approved it, subject to certain minor modifications to ensure compliance with the Act. These modifications primarily involved clarifying the definition of certain terms and ensuring that employee protections were explicitly stated.

The Fair Work Commission approved the Sydney Mechanical Services Enterprise Agreement 2014, subject to the aforementioned modifications. The employer was required to implement the changes within a specified timeframe, ensuring that the agreement met all legislative standards and provided adequate protection for the employees.

T&C Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established