T&C Services Pty Ltd Summary

[2024] FWCA 4060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T&C Services Pty Ltd

(AG2024/4177)

PROGRAMMED INDUSTRIAL MAINTENANCE NSW SOUTH - WOLLONGONG AND SYDNEY REGIONS MECHANICAL SERVICES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 21 NOVEMBER 2024

Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance NSW South – Wollongong and Sydney Regions Mechanical Services Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by T&C Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU and the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 4 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of T&C Services Pty Ltd, the Fair Work Commission was tasked with approving the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Enterprise Agreement 2024. The application for approval was made by T&C Services Pty Ltd, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for registration, including compliance with procedural requirements and fairness to the employees involved.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the prescribed procedures and whether it was fair and reasonable in its terms. The Commission had to examine the process by which the agreement was formed, including the extent of employee participation and consultation. Additionally, the Commission needed to assess whether the agreement provided for appropriate safeguards and protections for employees, including minimum wages and conditions, and whether it complied with relevant national employment standards.

In delivering its decision, the Fair Work Commission found that the agreement had been made in accordance with the prescribed procedures and that the process had involved adequate employee participation and consultation. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate minimum wages and conditions. The Commission further found that the agreement did not disadvantage any employee and was consistent with the principles of the national workplace relations system. As a result, the Commission approved the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Enterprise Agreement 2024.

The Fair Work Commission's approval of the agreement ensures that it will be a registered agreement under the Fair Work Act 2009, providing legal certainty and protection for both employers and employees within the specified regions. The decision underscores the importance of procedural fairness and the need for agreements to be reasonable and fair to all parties involved.

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