Team Engineering Services Pty Ltd Summary

[2014] FWCA 4378

The attached document replaces the document previously issued with the above code on 2 July 2014.

By inserting “Pty” in the Agreement title and wherever it appears throughout the document.

Leanne Weeding

Associate to Senior Deputy President Watson

Dated 3 July 2014

[2014] FWCA 4378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Team Engineering Services Pty Ltd
(AG2014/6541)

TEAM ENGINEERING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the Team Engineering Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Team Engineering Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Team Engineering Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2014. The nominal expiry date of the Agreement is 8 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Team Engineering Services Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Team Engineering Services Pty Ltd Enterprise Agreement 2014. The dispute involved the terms and conditions of employment as stipulated in the proposed agreement, specifically focusing on various aspects such as wages, working hours, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and could be approved under the Fair Work Act 2009.

The legal issues the court needed to decide included whether the agreement provided for fair and reasonable terms, if it adhered to the provisions of the Fair Work Act, and if it met the requirements for being a protected action agreement. The court examined the fairness of the agreement's provisions, the bargaining process, and whether any terms were contrary to public policy. It was also necessary to assess if the agreement contained all mandated terms and conditions as required by the legislation.

The Fair Work Commission found that the agreement contained terms that were fair and reasonable, and it adhered to the statutory requirements. The commission noted that the bargaining process was conducted appropriately, and the terms of the agreement were not contrary to public policy. The court approved the agreement, acknowledging that it provided for all mandated terms and conditions and was in line with the Fair Work Act. This decision confirmed that the Team Engineering Services Pty Ltd Enterprise Agreement 2014 was fit for approval and could proceed as an effective enterprise agreement.

Team Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established