DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Team Engineering Services Pty Ltd T/A Team Group (Aust)
(AG2018/6888)

TEAM ENGINEERING SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 16 APRIL 2019

Application for approval of the Team Engineering Services Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Team Engineering Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Team Engineering Services Pty Ltd T/A Team Group (Aust).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 15 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Team Engineering Services Pty Ltd, trading as Team Group (Aust), applied to the Fair Work Commission for approval of the Team Engineering Services Pty Ltd Enterprise Agreement 2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not comply with certain requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement met the requirements of section 230 of the Act, including whether it was appropriately certified, and whether it contained the necessary provisions for employees' working conditions and entitlements. Additionally, the court had to consider whether the agreement adequately protected the rights of employees, including those who were not members of the union.

The Fair Work Commission found that the application for approval was valid and that the proposed agreement met the certification requirements under section 230 of the Act. The Commission noted that the agreement contained all necessary provisions for employees' working conditions and entitlements, and it was appropriately certified by an accredited bargaining representative. The court also determined that the agreement adequately protected the rights of employees, including those not members of the union, and that it did not contravene any provisions of the Act. Therefore, the Fair Work Commission approved the application for the enterprise agreement.

In summary, the Fair Work Commission approved the application for the Team Engineering Services Pty Ltd Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act 2009. The Commission's decision was based on the agreement's certification, the inclusion of necessary provisions for employees' working conditions and entitlements, and its protection of employees' rights.

Team Engineering Services Pty Ltd T/A Team Group (Aust)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established