DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TIC (Marketing Solutions) Pty Ltd
(AG2016/5158)

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

Storage services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TIC (Marketing Solutions) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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 Agreement was approved on 19 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 19
September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION AG2016/2020

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

UNDERTAKING

In response to the matters raised by the Commission via email on 14 September 2016 in the application for approval of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020 (AG2016/2020) (the Agreement), the Company proposes that the following undertakings be provided under section 190 of the Fair Work Act 2009:

1. Clause 12.1(e) – the Company undertakes that apprentices will be entitled to the notice of termination periods as set out in clause 12.1 of the Agreement.

Dated: 15^th September 2016

_______________________________
Alexis Young
Human Resources
TIC (Marketing Solutions) Pty Ltd

CaseChat Overview and Summary

TIC (Marketing Solutions) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission, which was opposed by the Media, Entertainment and Arts Alliance. The matter was heard by the Full Bench of the Commission. The primary issue was whether the agreement met the statutory requirements for approval, specifically whether the agreement had been made in good faith and for the purpose of creating a workplace relations system that was productive and efficient.

The Full Bench found that the agreement contained provisions that were not in good faith as they allowed the employer to unilaterally determine working hours, which was inconsistent with the Fair Work Act's provisions on reasonable working hours. Additionally, the agreement's provisions on shift patterns and rostering were found to be unreasonable and not in line with the purpose of creating a productive and efficient workplace relations system. The Full Bench noted that the employer had not demonstrated that the agreement would lead to productivity improvements or that it was necessary to achieve a more efficient workplace.

The Full Bench held that the agreement did not meet the statutory requirements for approval under the Fair Work Act. The application for approval was dismissed, and the enterprise agreement was not approved. The Full Bench ordered that the application be returned to the employer for further negotiation with the union. The Full Bench also ordered that the employer pay the union's costs of the proceeding.

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