Tenix Australia Pty Ltd Summary

[2013] FWCA 6465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tenix Australia Pty Ltd
(AG2013/1781)

TENIX AUSTRALIA WAGGA WAGGA AGREEMENT 2013 - 2016

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of the Tenix Australia Wagga Wagga Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tenix Australia Wagga Wagga Agreement 2013-2016 (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 Agreement is a single-enterprise agreement.

[1] I have accepted the undertakings annexed to this decision which have been given by the employer. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 29 January 2016.

COMMISSIONER

ANNEXURE A

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CaseChat Overview and Summary

In the Fair Work Commission, Tenix Australia Pty Ltd applied for the approval of the Tenix Australia Wagga Wagga Agreement 2013-2016. The application was brought before the Commission by the company in its capacity as an employer, with the Australian Manufacturing Workers’ Union as the registered industrial organisation representing the employees. The dispute revolved around the terms and conditions of employment for certain employees within the Wagga Wagga branch of Tenix Australia.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and the process for agreement approval. The Commission needed to determine if the agreement met the necessary standards for employee protections and procedural fairness, as stipulated by the Act.

In its decision, the Commission examined the proposed agreement in detail, focusing on whether it provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions for wages, leave entitlements, and other working conditions, which generally adhered to the minimum standards set by the relevant award and the Act. However, the Commission identified certain clauses that required modification to ensure full compliance with the law. Following negotiations between the parties, amendments were made to address the Commission's concerns. The Commission concluded that, with the necessary adjustments, the agreement was fair and reasonable, meeting the requirements for approval under the Act.

The Commission approved the Tenix Australia Wagga Wagga Agreement 2013-2016, subject to the agreed amendments. This decision provided a binding framework for the employment conditions of the employees within the Wagga Wagga branch, ensuring that both the employer and employees were aware of their rights and obligations under the agreement.

Tenix Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established