DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T Environmental Services Pty Ltd
(AG2016/6310)

T ENVIRONMENTAL SERVICES ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the T Environmental Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the T Environmental Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T Environmental Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2016. The nominal expiry date of the Agreement is 29 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

T Environmental Services Pty Ltd was the subject of a dispute concerning the approval of the T Environmental Services Enterprise Agreement 2016. The application was lodged in the Fair Work Commission by the company. The central issue was whether the agreement complied with the relevant industrial relations laws and whether it was fair and reasonable for the employees it covered.

The Fair Work Commission had to determine if the agreement adhered to the criteria set forth in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it covered employees fairly, and if it provided for appropriate minimum terms and conditions. The Commission also needed to consider whether the agreement was in the best interests of the employees and if it promoted sustainable employment practices.

In its decision, the Fair Work Commission found that the T Environmental Services Enterprise Agreement 2016 met the necessary requirements. The Commission was satisfied that the agreement was made in good faith and provided fair terms and conditions for the employees. The Commission noted the efforts made by both parties to negotiate and reach a consensus, which contributed to the overall fairness of the agreement. Consequently, the Fair Work Commission approved the agreement, recognising it as a fair and reasonable document that met the legislative standards.

The final orders of the Fair Work Commission included the approval of the T Environmental Services Enterprise Agreement 2016, effective from the date of the decision. The agreement was deemed to be a valid and legally binding document between the company and the employees it covered, providing the framework for their employment conditions.

T Environmental 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