DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tempo Personnel Management Pty Ltd
(AG2016/176)

TEMPO PERSONNEL MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 MARCH 2016

Application for approval of the Tempo Personnel Management Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tempo Personnel Management 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 Tempo Personnel Management 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is 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 11 March 2016. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tempo Personnel Management Pty Ltd for the approval of the Tempo Personnel Management Pty Ltd Enterprise Agreement 2016. The application was brought under section 231 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the statutory requirements for enterprise agreements, including whether it was in the best interests of the employees and met the good faith bargaining criteria.

The key legal issues before the Commission were whether the agreement was genuinely bargained for in good faith, if it complied with the provisions of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to examine the process of bargaining, the content of the agreement, and its implications for the employees. Specifically, the focus was on whether the agreement met the requirements for a simple, fair, and efficient workplace arrangement.

In delivering its decision, the Commission noted that the application had been made without opposition, and there were no objections from the employees or their representatives. The Commission found that the agreement was fairly and genuinely negotiated in good faith and that it complied with all the statutory requirements under the Fair Work Act. The Commission also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Tempo Personnel Management Pty Ltd Enterprise Agreement 2016. The agreement now has the force of an approved enterprise agreement and will govern the terms and conditions of employment for the relevant employees. The Commission's decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and in the best interests of the employees, while also complying with the legislative framework.

Tempo Personnel Management 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