TAD Pty Ltd T/A TAD Industrial

[2021] FWCA 6968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAD Pty Ltd T/A TAD Industrial
(AG2021/8559)

TAD PTY LTD LABOUR HIRE ETU UNION COLLECTIVE AGREEMENT 2021-2023

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 7 DECEMBER 2021

Application for approval of the TAD Pty Ltd Labour Hire ETU Union Collective Agreement 2021-2023

[1] TAD Pty Ltd has applied for approval of an enterprise agreement known as the TAD Pty Ltd Labour Hire ETU Union Collective Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved TAD Pty Ltd, trading as TAD Industrial, and the relevant trade union. The union sought approval of the 2021-2023 Collective Agreement for labour hire workers under the relevant industrial legislation. The application was heard in the Fair Work Commission. The core legal issues centred around whether the proposed terms of the collective agreement complied with the statutory requirements and whether they were fairly negotiated and met the standards of good faith bargaining.

The Commission examined whether the agreement contained all the mandated terms and conditions, including pay rates, hours of work, and other employment conditions. It also assessed if the agreement reflected the outcome of genuine and meaningful negotiations between the parties. Furthermore, the Commission had to determine if the terms were consistent with the principles of fairness and reasonableness, and if they met the statutory requirements of the relevant industrial legislation.

The Fair Work Commission found that the proposed collective agreement did indeed meet the legislative requirements and was the product of genuine negotiations. The Commission noted that all mandated terms and conditions were present and that the pay rates and other employment conditions were fair and reasonable. The Commission concluded that the agreement was in line with the principles of good faith bargaining and approved the application for the collective agreement. Consequently, the 2021-2023 Collective Agreement for labour hire workers was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established