DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TCS Group Pty Ltd
(AG2019/2621)

TCS GROUP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2019

Application for approval of the TCS Group Australia Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the TCS Group Australia Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TCS Group Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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. The undertakings are taken to be a term of the agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

In the Fair Work Commission, the applicant TCS Group Australia Pty Ltd sought approval of an enterprise agreement made with certain of its employees. The applicant is an entity involved in the provision of financial services, while the respondents included various unions and individual employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements, including provisions related to minimum entitlements, dispute resolution, and procedural fairness.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for minimum terms and conditions of employment as required by the Act. The Commission had to consider the process through which the agreement was negotiated and whether there was compliance with procedural fairness. Additionally, the Commission needed to assess whether the agreement provided adequate protections and entitlements for the employees.

The Commission found that the agreement was made in good faith and satisfied the requirements of the Act. The evidence demonstrated that the negotiation process was conducted in a manner that was procedurally fair and that the agreement contained provisions for minimum terms and conditions of employment. The Commission concluded that the agreement was valid and should be approved. It was noted that the agreement provided for appropriate dispute resolution mechanisms and included protections that aligned with the statutory minimum standards.

Following its findings, the Commission approved the TCS Group Australia Pty Ltd Enterprise Agreement 2019-2023. The decision was made on the basis that the agreement was made in accordance with the requirements of the Fair Work Act and that it provided for the minimum terms and conditions of employment as stipulated by the legislation. The approval was effective from the date specified in the agreement, ensuring that it governed the employment conditions of the relevant employees moving forward.

TCS Group Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established