DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TIC (Marketing Solutions) Pty Ltd
(AG2020/278)

TIC (MARKETING SOLUTIONS) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MARCH 2020

Application for approval of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2020-2024

[1] TIC (Marketing Solutions) Pty Ltd has made an application for approval of an enterprise agreement known as the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The United Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 March 2020 and, in accordance with s 54, will operate from 12 March 2020. The nominal expiry date of the Agreement is 5 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TIC (Marketing Solutions) Pty Ltd applied to the Fair Work Commission for approval of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2020-2024. The applicant is the employer and the Australian Services Union is the registered union involved. The dispute concerns whether the agreement meets the requirements of the Fair Work Act 2009.

The court was required to determine if the agreement complied with the Act, including whether it was made in good faith and if it provided for the employees' pay and conditions. The key issue was whether the agreement provided for minimum rates of pay and conditions that were at least equal to the relevant awards or national employment standards.

The court examined the provisions of the agreement and found that it met the requirements of the Act. The agreement provided for minimum rates of pay and conditions that were at least equal to the relevant awards or national employment standards. The court was satisfied that the agreement was made in good faith and that it provided for the employees' pay and conditions. The court approved the agreement.

The Fair Work Commission approved the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2020-2024. The agreement is now legally binding on the parties and will apply to the employees covered by the agreement.

TIC (Marketing Solutions) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established