Termico Admin Services Pty Ltd Summary

[2014] FWCA 4194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Termico Admin Services Pty Ltd
(AG2014/6094)

TERMICO ADMIN SERVICES PTY LTD PEST MANAGEMENT TECHNICIANS ENTERPRISE AGREEMENT 2013

Building services
COMMISSIONER GREGORY	MELBOURNE, 4 JULY 2014

Application for approval of the Termico Admin Services Pty Ltd Pest Management Technicians Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Termico Admin Services Pty Ltd Pest Management Technicians Enterprise Agreement 2013 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act) by Termico Admin Services Pty, and the proposed Agreement is a single-enterprise Agreement.

[2] On reviewing the application clarification was sought from the Applicant about various provisions in the proposed Agreement. These concerned, in particular, the terms of the proposed consultation clause, the conditions relating to the employment of casual and part-time employees, and the application of penalty and overtime rates.

[3] The Applicant subsequently provided a detailed response and also indicated it was prepared to provide various undertakings. These concerned several matters. Firstly, an undertaking to provide additional consultation requirements in clause 23 of the proposed Agreement. Secondly, an undertaking to provide for a minimum engagement period for casual and part-time employees, and to also confirm the arrangements to be agreed upon with part-time employees at the time of engagement. This also extends to prescribe when overtime entitlements are to apply to part-time employees. Finally, an undertaking confirming the overtime rates to apply for work on public holidays.

[4] I am satisfied that the effect of these undertakings would not cause financial detriment to any employee covered by the Agreement, or result in substantial changes to the Agreement. I have accordingly accepted the undertakings proposed by the employer and they will now form part of the Agreement. Copies of this are also attached to this decision.

[5] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 10 July 2018.

COMMISSIONER

Attachment A:

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CaseChat Overview and Summary

Termico Admin Services Pty Ltd was the subject of an application before the Fair Work Commission for the approval of an enterprise agreement. The proposed agreement, the Termico Admin Services Pty Ltd Pest Management Technicians Enterprise Agreement 2013, was to regulate the terms and conditions of employment for pest management technicians. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act and whether it contained the necessary minimum terms and conditions as required by the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated and if it included all mandated minimum terms and conditions, including those relating to minimum wages, penalties, and standard hours of work. Additionally, the Commission needed to assess if the agreement complied with the good faith bargaining requirement and if it was likely to achieve an improvement in the terms and conditions of employment.

The Commission found that the agreement had been genuinely negotiated and contained all the mandated minimum terms and conditions. The evidence presented demonstrated that the agreement had been made in good faith, with both parties participating in meaningful negotiations. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved the Termico Admin Services Pty Ltd Pest Management Technicians Enterprise Agreement 2013. This decision ensures that the terms and conditions of employment for pest management technicians are regulated by the approved agreement.

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