DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenix Solutions Pty Ltd T/A Tenix Solutions
(AG2017/3340)

TENIX SOLUTIONS PTY LTD / ASU PARKING OFFICER AGREEMENT 2016-2019

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 NOVEMBER 2017

Application for approval of the Tenix Solutions Pty Ltd / ASU Parking Officer Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tenix Solutions Pty Ltd / ASU Parking Officer Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tenix Solutions Pty Ltd T/A Tenix Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 1 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Tenix Solutions Pty Ltd, trading as Tenix Solutions, and the Australian Security Union (ASU). The dispute pertained to the approval of the Tenix Solutions Pty Ltd/ASU Parking Officer Agreement for the period 2016 to 2019. The matter was heard in the Fair Work Commission, which is tasked with resolving workplace disputes and overseeing the implementation of workplace laws. The key issue before the Commission was whether the agreement should be approved, given its provisions and the context in which it was proposed. The court had to consider whether the agreement met the requirements for being a registered agreement under the Fair Work Act 2009.

The Commission commenced by examining the nature and purpose of the agreement, which was intended to regulate the employment conditions of parking officers employed by Tenix Solutions. The court then turned to the provisions of the agreement itself, looking at whether they were fair and reasonable, and if they complied with the relevant legislative framework. The Commission also considered the negotiation process that led to the agreement, to ensure that it had been genuinely negotiated and not imposed. After reviewing these factors, the court determined that the agreement was fair and met all the statutory criteria for approval. Consequently, the Commission approved the agreement.

The Fair Work Commission, after careful consideration of the evidence and arguments presented, found that the Tenix Solutions Pty Ltd/ASU Parking Officer Agreement 2016-2019 was appropriate for approval. The Commission concluded that the agreement was genuinely negotiated and met all the statutory requirements for a registered agreement. It was determined that the agreement was fair and reasonable, and it complied with the Fair Work Act 2009. Accordingly, the Commission approved the agreement, allowing it to be registered and enforceable under the Act.

Tenix Solutions Pty Ltd T/A Tenix Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established