Tenix Australia Pty Ltd

[2014] FWCA 5282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenix Australia Pty Ltd
(AG2014/1814)

TENIX AUSTRALIA PTY LTD BEGA ENTERPRISE AGREEMENT 2014 - 2017

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 4 AUGUST 2014

Application for approval of the Tenix Australia Pty Ltd Bega Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Tenix Australia Pty Ltd Bega Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tenix Australia Pty Ltd (the Applicant).

[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 Australian Services Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2014. The nominal expiry date of the Agreement is 30 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tenix Australia Pty Ltd, sought approval of the Tenix Australia Pty Ltd Bega Enterprise Agreement 2014 - 2017. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, specifically section 234. The dispute centred on whether the agreement complied with the procedural fairness requirements and whether it adequately protected the rights of employees. The applicant argued that the agreement was negotiated in good faith and that it provided for fair and reasonable terms for both employers and employees.

The key legal issues before the Commission were whether the agreement was made in accordance with the good faith bargaining obligations under the Act, and if the agreement adequately protected the rights of employees, including those who were not members of a union. Additionally, the Commission needed to determine if the agreement complied with the procedural fairness requirements, particularly whether there was sufficient consultation with employees and if the agreement was properly presented to the employees for their consideration.

The Fair Work Commission found that the applicant had met the good faith bargaining obligations and that the agreement was fair and reasonable. The Commission noted that the agreement was negotiated with employees who were not union members, and that the applicant had provided adequate opportunities for consultation and input from employees. The Commission also determined that the agreement was not unfair to employees, as it provided for appropriate protections and benefits. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Tenix Australia Pty Ltd Bega Enterprise Agreement 2014 - 2017, finding that it met the requirements of the Fair Work Act 2009. The Commission recognised that the agreement was negotiated in good faith, provided fair and reasonable terms, and adequately protected the rights of employees. The applicant's efforts in ensuring procedural fairness and providing opportunities for employee consultation were acknowledged, leading to the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established