Teneo Labour Pty Ltd T/A Teneo Group Summary

[2023] FWCA 1671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Teneo Labour Pty Ltd T/A Teneo Group

(AG2023/1159)

TENEO LABOUR ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 8 JUNE 2023

Application for approval of the Teneo Labour Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Teneo Labour Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Teneo Labour Pty Ltd T/A Teneo Group (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Teneo Labour Pty Ltd, trading as Teneo Group, and the relevant employee representatives. The dispute centred on the approval of the Teneo Labour Enterprise Agreement 2023. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009 to warrant its approval.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission needed to ensure that the agreement had been reached through genuine bargaining and that the necessary steps had been followed. Substantively, the Commission had to assess whether the terms of the agreement provided for the fair treatment of employees, including adequate minimum wages, reasonable working hours, and appropriate conditions.

In reaching its decision, the Commission carefully reviewed the evidence and submissions provided by both parties. The Commission found that the agreement had indeed been reached through genuine bargaining, and that all procedural requirements had been met. Furthermore, the terms of the agreement were considered fair and reasonable, providing for the appropriate treatment of employees in line with the protections outlined in the Act. Consequently, the Commission approved the Teneo Labour Enterprise Agreement 2023.

The final orders of the Commission included the approval of the Teneo Labour Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to ensure its implementation. The decision underscored the importance of genuine bargaining and the need for enterprise agreements to meet the statutory standards for fairness and reasonableness.

Teneo Labour Pty Ltd T/A Teneo Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established