DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TCM Pty Ltd
(AG2016/7908)

TCM PTY LTD ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2017

Application for approval of the TCM Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TCM Pty Ltd 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 TCM Pty Ltd. 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 21 March 2017 and, in accordance with s.54, will operate from 28 March 2017. The nominal expiry date of the Agreement is 21 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TCM Pty Ltd, an employer, applied for approval of an enterprise agreement dated 2016. The Fair Work Commission (FWC) was tasked with determining if the agreement complied with the relevant provisions of the Fair Work Act 2009 (FW Act). The application arose from negotiations between the employer and the employees, represented by the Transport Workers Union of Australia, over terms and conditions of employment.

The central issue before the FWC was whether the enterprise agreement met the statutory requirements under the FW Act. Specifically, the FWC needed to ascertain if the agreement was made in good faith and if it complied with the "better off overall test" (BOOT). This test ensures that employees are no worse off financially by being under the agreement than they would be under the applicable award or registered agreement. The FWC also considered whether the agreement was made in accordance with the procedural requirements outlined in the FW Act.

The FWC determined that the enterprise agreement was made in good faith, as evidenced by the extensive negotiations and the efforts made by both parties to reach a consensus. The FWC found that the agreement met the BOOT, as the employees would be better off overall financially compared to the terms of the applicable award. The FWC further concluded that the agreement was procedurally sound, complying with all necessary legislative requirements. Accordingly, the FWC approved the enterprise agreement, confirming its validity and enforceability under the FW Act.

TCM 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