TAG Personnel Pty Ltd

[2014] FWCA 2355

[2014] FWCA 2355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TAG Personnel Pty Ltd
(AG2014/4234)

TAG PERSONNEL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 APRIL 2014

Application for approval of the TAG Personnel Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TAG Personnel Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TAG Personnel Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. Consultation

As soon as reasonably practicable after making a definite decision to make a major workplace change that is likely to have significant effect on employees, or changes to employee’s regular rosters or ordinary hours of work, the Company will consult with employees about ways to mitigate any adverse affects of the decision.

For the purpose of this consultation, the Company will give all reasonably necessary information to employees (other than confidential or sensitive information). An employee may involve a representative who they appoint during consultation if they choose to do so.

In consultations about changes to regular rosters or ordinary hours of work, the Company will invite employees to give their views about the impact of the change (including family/caring responsibilities), and consider those views.

2. An employee will only be engaged on a daily-hire basis in circumstances where the relevant modern award permits engagement on such a basis.

3. In the event that the Company seeks to enter into an alternative arrangement pursuant to clause 19.1(c), the Company will ensure that it is no less favourable than the relevant modern award.

4. In the event that

a. An employee undertakes training outside of ordinary working hours, or

b. The Company intends to deduct monies from the employee pursuant to clause 28.3

The Company will ensure that the employee has earned at least as much under the relevant modern award (taking into account the value of the applicable matter(s) above) as they did working under the agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 17 April 2018.

SENIOR DEPUTY PRESIDENT

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