DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TCL Services Pty Limited
(AG2017/6746)

TCL SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 16 MAY 2018

Application for approval of the TCL Services Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TCL Services Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TCL Services Pty Limited. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 15 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, TCL Services Pty Limited sought approval of the TCL Services Pty Limited Enterprise Agreement 2017. The dispute arose between the company and its employees, represented by the Communications, Electrical and Plumbing Union of Australia (CEPU), concerning the terms and conditions of employment under the proposed agreement. The case was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and ensuring fair conditions of employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was made. The Commission had to determine if the agreement was genuinely made without duress, coercion, or interference, and whether it complied with the statutory minimum terms and conditions. The secondary issue involved the specific terms of the agreement, including pay rates, penalty rates, and other conditions of employment, to ensure they were fair and reasonable.

After reviewing the submissions from both parties, the Commission found that the agreement was genuinely made without any undue influence or improper conduct. The evidence demonstrated that the bargaining process was transparent and that the agreement reflected the views of the employees as represented by their union. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the economic climate, the nature of the industry, and the bargaining power of the parties. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The final order of the Commission was the approval of the TCL Services Pty Limited Enterprise Agreement 2017, which will now govern the employment conditions of the employees covered by the agreement. The approval ensures that the agreement provides for the fair and reasonable terms and conditions of employment, in line with the principles of the Fair Work Act 2009.

TCL Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established