[2016] FWCA 6789

The attached document replaces the document previously issued with the above code on 21 September 2016.

By adding ‘s’ to the word Service in the Preamble to read ‘Services’.

Caitlin Goldie

Dated 23 September 2016

[2016] FWCA 6789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabcorp Assets Pty Ltd t/a Tabcorp
(AG2016/3763)

TABCORP TECHNICAL FIELD SERVICES ENTERPRISE AGREEMENT 2016

Business equipment industry
COMMISSIONER LEE	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Tabcorp Technician Field Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tabcorp Technician Field 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 Tabcorp Assets Pty Ltd t/a Tabcorp. 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 Australian Municipal, Administrative, Clerical and Services Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 20 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tabcorp Assets Pty Ltd, trading as Tabcorp, applied for approval of the Tabcorp Technician Field Services Enterprise Agreement 2016. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement that meets the requirements for registration. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and complied with the relevant statutory provisions.

The primary legal issues before the Commission were whether the agreement met the necessary requirements for registration, including whether it provided for the fair and efficient resolution of workplace disputes and whether it was free from any provisions that would be detrimental to the parties involved or the broader community. The Commission also considered whether the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and other employment conditions.

In reaching its decision, the Commission examined the terms of the agreement and the submissions made by the parties. It found that the agreement met the necessary requirements for registration and was in the public interest. The Commission was satisfied that the agreement provided for the fair and efficient resolution of workplace disputes and did not contain any provisions that would be detrimental to the parties or the broader community. The Commission also noted that the agreement provided adequate protections for employees and complied with relevant statutory provisions.

The Commission approved the Tabcorp Technician Field Services Enterprise Agreement 2016 as a registered agreement under section 234 of the Fair Work Act 2009. The approval means that the agreement is now legally binding on the parties and can be used to resolve workplace disputes between Tabcorp and its employees covered by the agreement.

Tabcorp Assets Pty Ltd t/a Tabcorp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established