DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TCL Solutions Pty Ltd
(AG2016/7209)

TCL SOLUTIONS PTY LIMITED ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the TCL Solutions Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TCL Solutions Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TCL Solutions 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 was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 16 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved TCL Solutions Pty Ltd and the relevant trade union, with the central issue being the approval of the TCL Solutions Pty Limited Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The union argued that certain provisions within the agreement did not comply with the statutory requirements, while the employer maintained that the agreement was valid and met all necessary conditions.

The key legal issues before the commission were whether the agreement adequately covered the necessary minimum terms and conditions, whether it was genuinely negotiated, and whether it complied with the provisions for employee representation. Additionally, the commission examined if the agreement met the criteria for being a "single interest" agreement, ensuring that it did not unfairly discriminate against certain employees. The union also contested the fairness of the agreement, arguing that it did not provide adequate protections for employees in several respects.

The commission found that the agreement contained all the required minimum terms and conditions and was genuinely negotiated. It also concluded that the agreement met the criteria for a "single interest" agreement and did not unfairly discriminate against any employees. The commission acknowledged that some provisions could be improved but found that the overall agreement was fair and reasonable. Consequently, the application for approval of the TCL Solutions Pty Limited Enterprise Agreement 2016 was successful. The commission approved the agreement, allowing it to come into effect from the specified date.

TCL Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established