TEC Operations Pty Ltd

[2014] FWCA 62

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TEC Operations Pty Ltd
(AG2013/11910)

TEC OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 7 JANUARY 2014

Application for approval of the TEC Operations Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TEC Operations Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TEC Operations Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2014. The nominal expiry date of the Agreement is 7 January 2018.

COMMISSIONER

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The applicant, TEC Operations Pty Ltd, applied to the Fair Work Commission for approval of the TEC Operations Pty Ltd Enterprise Agreement 2013. The application was contested by the union, the Construction, Forestry, Mining and Energy Union (CFMEU), which raised concerns regarding the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, comprising members of the Commission, who were tasked with determining the validity and fairness of the agreement.

The primary legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and whether it met the 'better off overall test'. This test requires that employees be no worse off financially and, in some cases, be better off overall than under the applicable award or registered agreement. The Commission also had to consider whether the agreement contained terms that were inconsistent with the objects of the Fair Work Act, such as promoting higher wages and better conditions.

In delivering the decision, the Full Bench found that the agreement was procedurally valid, having been made through a process that satisfied the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that there was no evidence of coercion or undue influence. Regarding the 'better off overall test', the Commission concluded that the agreement provided employees with benefits that, on balance, were at least as good as, if not better than, those under the applicable award. The Commission found that the agreement contained terms that aligned with the objects of the Fair Work Act, promoting improved wages and conditions for employees.

The Commission approved the TEC Operations Pty Ltd Enterprise Agreement 2013, confirming that it met all statutory requirements and was fair and reasonable. The decision was made in the context of ensuring that the agreement did not undermine the broader objectives of the Fair Work Act, including the protection of employee rights and the promotion of productive and fair workplace relations. The Commission's approval of the agreement allows it to be registered and enforceable, thereby providing a framework for the employment conditions of the employees involved.

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Legal Principle Established