TAD Pty Ltd T/A TAD Industrial

[2019] FWCA 6895

[2019] FWCA 6895

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TAD Pty Ltd T/A TAD Industrial

(AG2019/3115)

TAD Pty Ltd Labour Hire ETU Union Collective Agreement 2018-2021

Electrical contracting industry
Commissioner Gregory	MELBOURNE, 4 OCTOBER 2019

Application for approval of the TAD Pty Ltd Labour Hire ETU Union Collective Agreement 2018-2021.

1. An application has been made under s.185 of the Fair Work Act 2009 (“the Act”) by TAD Pty Ltd T/A TAD Industrial for approval of an enterprise agreement known as the TAD Pty Ltd Labour Hire ETU Union Collective Agreement 2018-2021 (“the Agreement”). The Agreement is a single enterprise agreement.

1. The F17 Employer’s Statutory Declaration indicates that the employer is involved in providing labour hire and staffing services, primarily in Victoria. It also indicates that 34 employees were employed under the coverage of the Agreement at the time it was voted on and approved, with 26 of those employees voting in the ballot to approve the Agreement and all voting in favour.

1. The flexibility term is contained in clause 37 of the Agreement. It provides at sub clause 37.10.1, that the employer or employee may terminate an individual flexibility arrangement “by giving at least 28 days’ written notice to the other party to the arrangement.” However, s.203(6)(a) of the Act provides that an individual flexibility arrangement must be able to be terminated by either the employee or the employer “giving written notice of not more than 28 days.” Given this discrepancy I am satisfied that it is appropriate for the model flexibility term to be taken as part of the Agreement pursuant to s.202(4) of the Act.

1. It is also noted that the Agreement states at clause 2.3.2 that where the National Employment Standards (“the NES”) are more beneficial in a particular respect to an employee than terms contained in the Agreement then the NES standards shall prevail to the extent of any inconsistency.

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

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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