TCD Services Pty Ltd

[2018] FWCA 620

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

TCD Services Pty Ltd

(AG2017/5782)

TCD Services Pty Ltd Enterprise Agreement

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 30 JANUARY 2018

Application for approval of the TCD Services Pty Ltd Enterprise Agreement.

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

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 15 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the TCD Services Pty Ltd Enterprise Agreement, the parties involved were TCD Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute was brought before the Fair Work Commission, an Australian workplace relations tribunal, to seek approval of a proposed enterprise agreement which had been negotiated between the employer and the union. The agreement aimed to govern the terms and conditions of employment for the workers within TCD Services.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the formal requirements for approval, including whether it contained all the mandatory terms prescribed by the Act and if it had been made in good faith and without coercion. Furthermore, the Commission needed to ensure that the agreement did not adversely affect employees' job security and that it allowed for the protection of employees' rights to be represented by their union.

Upon examining the evidence and submissions presented by both parties, the Commission found that the proposed agreement was compliant with the requirements of the Fair Work Act. The agreement included all the mandatory terms and was made in good faith, without any evidence of coercion. The Commission also determined that the agreement did not negatively impact employees' job security and allowed for the protection of employees' rights to union representation. Consequently, the Fair Work Commission approved the TCD Services Pty Ltd Enterprise Agreement, allowing it to come into effect as a legally binding document governing the employment conditions within the company.

The Commission's final order was to approve the TCD Services Pty Ltd Enterprise Agreement, effective from the date of the decision. This decision allowed the employer and the union to implement the agreed-upon terms and conditions of employment, providing certainty and stability in the workplace. The approval of the agreement also ensured that the employees would be covered by a fair and balanced set of employment terms, as determined through a negotiated process between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established