Termico Admin Services Pty Ltd Summary

[2013] FWCA 1997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Termico Admin Services Pty Ltd
(AG2012/13748)

TERMICO ADMIN SERVICES PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 APRIL 2013

Application for approval of the Termico Admin Services Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Termico Admin Services Pty Ltd Enterprise Agreement 2012 (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] 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 2 years after the date of operation.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Termico Admin Services Pty Ltd, an applicant, sought approval for its Enterprise Agreement 2012 from the Fair Work Commission. The dispute centred around the provisions of the agreement and whether they complied with the relevant federal legislation. The Fair Work Commission was tasked with determining if the agreement met the necessary standards and was in the best interests of the employees covered by it.

The court had to decide if the provisions of the agreement were fair and reasonable, and if they complied with the Fair Work Act 2009. Specifically, the court examined whether the agreement met the criteria for approval, such as whether it provided for fair and reasonable terms and conditions for the employees, and if it was made in good faith. The court also had to consider whether the agreement provided for the fair and reasonable terms and conditions for the employees, and whether it was made in good faith.

The Fair Work Commission found that the Enterprise Agreement 2012 was fair and reasonable, and complied with the Fair Work Act 2009. The court determined that the agreement met the criteria for approval, and that it provided for fair and reasonable terms and conditions for the employees. The court also found that the agreement was made in good faith, and that it was in the best interests of the employees covered by it.

As a result, the Fair Work Commission approved the Termico Admin Services Pty Ltd Enterprise Agreement 2012. The agreement was deemed to be in the best interests of the employees, and it was approved in accordance with the Fair Work Act 2009. The court's decision was based on a thorough examination of the agreement and its provisions, and the court found that the agreement met all the necessary criteria for approval.

Termico Admin Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established