TCM Pty Ltd

[2022] FWCA 4324

[2022] FWCA 4324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TCM Pty Ltd

(AG2022/4770)

TCM Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2022

Application for approval of the TCM Pty Ltd Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the TCM Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TCM Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 32.2(c) – Leave payment

·   Clause 32.6(b) – Payment of leave on termination of service

·   Clause 33.2(d) – Entitlement

·   Clause 47.3 – Termination of employment by an employee

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 8 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518483  PR748730>

Annexure A