DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed FM
(AG2016/3094)

T&C SERVICES PTY LTD, GLADSTONE WORKSHOP SERVICES COLLECTIVE AGREEMENT (2016-2018)

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the T&C Services Pty Ltd, Gladstone Workshop Services Collective Agreement (2016-2018).

[1] An application has been made for approval of an enterprise agreement known as the T&C Services Pty Ltd, Gladstone Workshop Services Collective 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 T/A Programmed FM. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 “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) 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 31 May 2016. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by T&C Services Pty Ltd, trading as Programmed FM, to have the T&C Services Pty Ltd, Gladstone Workshop Services Collective Agreement (2016-2018) approved. The dispute arose in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal standards for approval. The legal issues centred on whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. Specifically, the Commission had to assess whether the agreement contained mandatory terms that were compliant with the relevant industrial instruments and whether the process by which the agreement was negotiated and made was fair.

The Commission carefully examined the provisions of the proposed agreement, considering whether the terms provided for by the agreement were consistent with the entitlements and rights provided under the relevant industrial instruments. It also evaluated whether the agreement contained any terms that went beyond the permissible scope of enterprise bargaining, and whether the agreement had been fairly and genuinely negotiated. The Commission found that the proposed agreement did comply with the necessary legal requirements and was fair and reasonable. The company had demonstrated that the agreement was made in good faith and followed a proper process of negotiation.

In light of the findings, the Fair Work Commission approved the T&C Services Pty Ltd, Gladstone Workshop Services Collective Agreement (2016-2018), effective from the date specified in the application. The approval was contingent on the agreement meeting all the conditions stipulated by the Fair Work Act 2009 and other relevant industrial laws. The Commission's decision was based on a comprehensive analysis of the terms of the agreement and the process by which it was negotiated, ultimately concluding that the agreement was fair and reasonable and met the statutory requirements for approval.

T&C Services Pty Ltd T/A Programmed FM

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established