TCL Workmates (NSW) Pty Limited Summary

[2023] FWCA 1553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TCL Workmates (NSW) Pty Limited

(AG2023/1484)

TCL WORKMATES (NSW) PTY LIMITED ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 30 MAY 2023

Application for approval of the TCL Workmates (NSW) Pty Limited Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the TCL Workmates (NSW) Pty Limited Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, TCL Workmates (NSW) Pty Limited. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

While the Agreement states it shall operate from the date of approval, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 30 May 2023 and, in accordance with s.54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 29 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved TCL Workmates (NSW) Pty Limited, an employer, and the relevant trade union, representing the employees. The dispute centred on the application for approval of the TCL Workmates (NSW) Pty Limited Enterprise Agreement 2023. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issues revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement satisfied the procedural fairness requirements and if it provided for minimum entitlements and conditions as stipulated by the Act. Furthermore, the court assessed whether the agreement was in the best interests of the employees and whether it had been made in good faith.

The Fair Work Commission carefully reviewed the application, taking into account the submissions from both parties and the relevant legislative framework. The Commission found that the agreement was procedurally fair, having been made following proper consultation processes. It also determined that the agreement provided for all minimum entitlements and conditions as required by the Act. Additionally, the Commission was satisfied that the agreement was in the best interests of the employees and had been made in good faith. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was to approve the TCL Workmates (NSW) Pty Limited Enterprise Agreement 2023, recognising it as meeting all necessary legal criteria and serving the interests of the employees. This approval formalised the terms and conditions of employment under the new agreement, effective from the date of the Commission's decision.

TCL Workmates (NSW) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established