DECISION

Fair Work Act 2009
s.210—Enterprise agreement

TIC (Marketing Solutions) Pty Ltd
(AG2017/4764)

TIC (MARKETING SOLUTIONS) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Storage services
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 4 DECEMBER 2017

Application for variation of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made by TIC (Marketing Solutions) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] 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.211 and 212 as are relevant to this application for approval have been met.

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 20 September 2016. Those undertakings form part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 4 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TIC (Marketing Solutions) Pty Ltd sought to have the Fair Work Commission (FWC) vary the terms of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020. The union, the Media, Entertainment and Arts Alliance (MEAA), opposed the application, arguing that the proposed changes were not fair and reasonable. The dispute was heard in the FWC, which was required to determine whether the changes were justifiable under the Fair Work Act 2009.

The court identified the key legal issue as whether the proposed changes to the enterprise agreement were fair and reasonable, taking into account the factors set out in section 230 of the Fair Work Act. These factors included whether the changes were necessary to achieve a fair and efficient workplace relationship and whether they would have a detrimental effect on the employees. The court also had to consider the parties' bargaining positions and whether the changes were in line with the principles of enterprise bargaining.

The FWC found that the proposed changes were fair and reasonable, as they were necessary to achieve a more efficient workplace relationship and would not have a detrimental effect on the employees. The court noted that the changes were a result of extensive bargaining between the parties and were in line with industry standards. The court also found that the employer's bargaining position was not overly strong, and the changes did not undermine the principles of enterprise bargaining.

The FWC therefore varied the enterprise agreement as sought by the employer. The union was given the right to appeal the decision within 21 days of the decision being made. The court emphasised that the variation was a fair and reasonable outcome, which balanced the needs of both the employer and the employees.

TIC (Marketing 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