Tenix SDR Pty Ltd T/A Tenix SDR

[2014] FWCA 1630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenix SDR Pty Ltd T/A Tenix SDR
(AG2014/130)

TENIX SDR AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014 -2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 MARCH 2014

Application for approval of the TENIX SDR Australia Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the TENIX SDR Australia Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] I had some concerns regarding clauses 3.2, 9.2.6, 9.2.7 and Schedule B in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tenix SDR Pty Ltd, trading as Tenix SDR, which sought approval of an Enterprise Agreement from 2014 to 2017. The Fair Work Commission was the forum for this application, tasked with determining whether the proposed agreement met the legal standards for approval. The dispute centred around the provisions of the Fair Work Act 2009 and the accompanying regulations, focusing on whether the agreement complied with the mandatory requirements for fair and equitable terms and conditions of employment.

The court was required to assess several key legal issues. These included whether the agreement provided for the appropriate bargaining representatives, if it contained all the mandated terms and conditions, and whether the agreement had been genuinely negotiated. Additionally, the court had to ensure that the agreement did not discriminate against any particular group of employees and that it did not undermine existing industrial awards or agreements. The fairness and reasonableness of the agreement in terms of the overall impact on employees were also scrutinised.

In its decision, the Fair Work Commission considered the provisions of the Fair Work Act and relevant regulations. The Commission noted that the agreement had been negotiated in good faith and involved appropriate bargaining representatives. It concluded that the agreement met the legislative requirements, as it included all the mandated terms and conditions, and did not contain any discriminatory provisions. The Commission found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the agreement, finding it to be compliant with all statutory requirements.

The final orders of the Commission were to approve the Enterprise Agreement between Tenix SDR Pty Ltd and its employees, effective from the date of the decision. This approval was contingent on the continued compliance with all legislative requirements throughout the duration of the agreement. The decision affirmed the Commission's role in ensuring that employment agreements are fair, equitable, and meet the legal standards set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established