DECISION

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

Tenix Solutions Pty Ltd
(AG2014/8382)

TENIX SOLUTIONS PTY LTD AND TENIX SOLUTIONS IMES PTY LTD BAND 5 EMPLOYEE AGREEMENT 2013-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 8 DECEMBER 2014

Application for approval of the Tenix Solutions Pty Ltd and Tenix Solutions IMES Pty Ltd Band 5 Employee Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tenix Solutions Pty Ltd and Tenix Solutions IMES Pty Ltd Band 5 Employee Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tenix Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicants, Tenix Solutions Pty Ltd and Tenix Solutions IMES Pty Ltd, sought approval from the Fair Work Commission of an enterprise agreement that had been negotiated with a union representing certain employees. The union in question was the Electrical Trades Union of Australia. The application was brought before the Fair Work Commission, which is the body with the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on the terms of the proposed agreement, specifically whether the agreement provided for adequate protections for employees and whether it was made in good faith and in accordance with the relevant statutory provisions.

The primary legal issues the court had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act and whether it provided for appropriate protections for the employees. This involved examining whether the agreement contained the necessary terms, whether it was made in good faith, and whether it met the criteria for being a "better off overall and in the round" agreement. The court also needed to consider the views of the relevant union and whether the agreement was in the best interests of the employees.

In reaching its decision, the court examined the terms of the proposed agreement and the evidence provided by both the applicants and the union. The court found that the agreement provided for appropriate protections for the employees and that it was made in good faith. The court also found that the agreement met the criteria for being a "better off overall and in the round" agreement, and that it was in the best interests of the employees. The court therefore approved the proposed agreement, subject to certain modifications that were necessary to ensure compliance with the Fair Work Act.

The court's decision was that the proposed agreement be approved, subject to the modifications outlined in the decision. The modifications related to the calculation of penalty rates for certain employees, and were intended to ensure that the agreement met the statutory requirements for approval. The court also made an order that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date specified in the decision. Overall, the court found that the proposed agreement provided for appropriate protections for the employees and was in their best interests, and therefore granted the application for approval.

Tenix Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established