DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thompson’s Service & Repair Pty Ltd
(AG2019/5194)

THOMPSON SERVICE AND REPAIRS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 JANUARY 2020

Application for approval of the Thompson Service and Repairs Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thompson Service and Repairs Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thompson’s Service & Repair Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 3 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Thompson’s Service & Repair Pty Ltd, the applicant, seeking approval of the Thompson Service and Repairs Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant statutory provisions. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically concerning employee entitlements and procedural fairness.

The legal issues before the Commission were whether the agreement met the formal requirements under the Fair Work Act 2009, including the necessity for genuine bargaining and whether it provided adequate protections for employees. The Commission also needed to assess if the agreement appropriately balanced the interests of both the employer and employees, particularly in light of the specific industry context and economic considerations.

In rendering its decision, the Fair Work Commission examined the evidence of genuine bargaining presented by the parties. The Commission found that the agreement was the product of bona fide negotiations and that it provided fair and reasonable terms for the employees. The Commission concluded that the agreement complied with the statutory requirements, noting that it appropriately balanced the interests of the employer and employees, particularly in the context of the industry. The Commission approved the Thompson Service and Repairs Enterprise Agreement 2019, recognising it as meeting the necessary standards for formal approval.

No further orders were made beyond the approval of the agreement as presented. The decision emphasised the importance of maintaining fair and balanced terms in enterprise agreements to ensure compliance with legislative requirements.

Thompson’s Service & Repair 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