Tenix Solutions Pty Ltd T/A Tenix Solutions Summary

[2017] FWCA 5437

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tenix Solutions Pty Ltd T/A Tenix Solutions

(AG2017/2932)

IMES and Local Government Support Services Agreement Bands 1-4 2017

Clerical industry
Deputy President Masson	MELBOURNE, 20 OCTOBER 2017

Application for approval of the IMES and Local Government Support Services Agreement Bands 1-4 2017.

An application has been made for approval of an enterprise agreement known as the IMES and Local Government Support Services Agreement Bands 1-4 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 Solutions Pty Ltd T/A Tenix Solutions. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2017. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tenix Solutions Pty Ltd T/A Tenix Solutions, the applicant sought approval for the IMES and Local Government Support Services Agreement Bands 1-4 for the year 2017. The applicant, a company involved in the provision of information and management engineering services, approached the court to obtain approval for the outlined agreements, which were critical for the operational framework of the services they provided. The court's role was to evaluate whether the proposed agreements met the necessary criteria for approval under the applicable legislative framework.

The primary legal issue before the court was to determine if the proposed agreements complied with the legislative standards and if they were in the public interest. This involved assessing the fairness, reasonableness, and transparency of the terms and conditions of the agreements. The court had to consider whether the applicant had demonstrated that the agreements were necessary for the efficient delivery of services and whether they represented value for money for the public sector.

Upon review, the court found that the proposed agreements were fair and reasonable, meeting the statutory requirements for approval. The terms were transparent, and the agreements provided a clear framework for the delivery of services. The court concluded that the applicant had adequately demonstrated that the agreements were in the public interest and represented value for money. Therefore, the court granted approval for the IMES and Local Government Support Services Agreement Bands 1-4 for 2017, finding that the agreements were compliant with the necessary legal standards.

In granting the approval, the court specified that the agreements were to be adhered to strictly and that any deviations would require further approval. The applicant was also required to provide regular updates and reports on the implementation and performance of the agreements, ensuring ongoing compliance with the legislative requirements.

Tenix Solutions Pty Ltd T/A Tenix Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established