DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T.P.M. HR Services Pty Ltd
(AG2015/2725)

T.P.M. HR SERVICES ENTERPRISE AGREEMENT 2014 - 2019

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2015

Application for approval of the T.P.M. HR Services Enterprise Agreement 2014 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the T.P.M. HR Services Enterprise Agreement 2014 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T.P.M HR 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 26 May 2015 and, in accordance with s.54, will operate from 2 June 2015. The nominal expiry date of the Agreement is 26 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

T.P.M. HR Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement it had negotiated with the Australian Services Union. The agreement covered employees who were employed in various roles within the company. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the application sought to address whether the agreement met the statutory criteria for being deemed a 'single interest' enterprise agreement and whether it complied with the various procedural requirements set out in the legislation.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it had been appropriately certified. Additionally, the Commission needed to determine whether the agreement met the criteria for being a single interest agreement and whether it complied with the procedural requirements of the Fair Work Act. The Commission also considered whether the agreement adequately protected the rights of employees and whether it provided for fair and equitable terms and conditions of employment.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement had been genuinely negotiated and that it met the statutory criteria for being a single interest agreement. The Commission also determined that the agreement complied with the procedural requirements of the Fair Work Act and that it provided for fair and equitable terms and conditions of employment. The Commission noted that the agreement provided for a range of benefits for employees, including paid parental leave, flexible working arrangements, and provisions for the protection of employees' rights. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the T.P.M. HR Services Enterprise Agreement 2014 - 2019. The Commission found that the agreement was genuinely negotiated, met the statutory criteria for being a single interest agreement, and complied with the procedural requirements of the Fair Work Act. The Commission also determined that the agreement provided for fair and equitable terms and conditions of employment and was in the best interests of the employees. The agreement was approved and will now be binding on the parties from the date of the Commission's decision.

T.P.M. HR 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