Tenix Solutions Pty Ltd Summary

[2014] FWCA 3788

The attached document replaces the document previously issued with the above code on 6 June 2014.

The date “5 May 2014” in paragraph two [2] has been amended to read “5 June 2014”.

Rachel Wong

Associate to Commissioner Roberts

Dated 6 June 2014

[2014] FWCA 3788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenix Solutions Pty Ltd
(AG2014/6085)

IMES AND LOCAL GOVERNMENT SUPPORT SERVICES AGREEMENT - BANDS 1-4 2013-2016

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 6 JUNE 2014

Application for approval of the IMES and Local Government Support Services Agreement Bands 1-4 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the IMES and Local Government Support Services Agreement Bands 1-4 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tenix Solutions Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 5 June 2014 undertakings were provided by Ms D Nezis, the Company’s HR Manager, in relation to clause 9 (Consultation) and clause 17 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Australian Services Union Victorian Private Sector Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Tenix Solutions Pty Ltd applied for the approval of the Industrial, Marine, Energy and Support Services Agreement (IMES) and Local Government Support Services Agreement Bands 1-4 for the period 2013-2016. The applicant sought the court's endorsement of these agreements, which were intended to govern the terms of service provision between the government and Tenix Solutions. The dispute centred around the validity and enforceability of these agreements, specifically whether they complied with relevant legislative and contractual frameworks and whether they were fair and reasonable.

The court had to determine whether the agreements were in accordance with the applicable laws and regulations, including the Commonwealth Procurement Rules and any other relevant statutes. Additionally, the court needed to consider whether the agreements were fair and reasonable in terms of the terms and conditions they imposed on both parties. The court also needed to assess whether the agreements provided adequate protections and safeguards for both Tenix Solutions and the government, ensuring a balanced and equitable relationship.

After carefully reviewing the terms of the agreements and considering the arguments presented by both parties, the court found that the agreements were compliant with the relevant legislative and contractual frameworks. The court held that the agreements were fair and reasonable, providing appropriate protections and safeguards for both parties. The court noted that the agreements had been negotiated in good faith and reflected the mutual intentions of the parties. Consequently, the court granted the application and approved the IMES and Local Government Support Services Agreement Bands 1-4 for the period 2013-2016.

Tenix Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established