Tic (Reverse Logistics) Pty Ltd

[2014] FWCA 7219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tic (Reverse Logistics) Pty Ltd
(AG2014/7752)

TIC (REVERSE LOGISTICS) PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE AGREEMENT 2014-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2014

Application for approval of the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tic (Reverse Logistics) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Tic (Reverse Logistics) Pty Ltd was the subject of an application before the Fair Work Commission for approval of the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive Agreement 2014-2017. The applicant sought approval of the agreement under the Fair Work Act 2009. The primary dispute was whether the agreement met the necessary standards for approval under the Act.

The legal issues the court needed to decide included whether the agreement complied with the requirements set out in the Fair Work Act, particularly focusing on whether it contained all the necessary details and protections for employees as required by law. Additionally, the court had to examine if the agreement was genuinely negotiated between the employer and the union, and if it provided fair terms and conditions for the employees.

The Fair Work Commission found that the agreement met all the necessary requirements for approval. It contained all the mandated provisions and offered adequate protections for the employees. The agreement was also determined to be genuinely negotiated between the parties. The court concluded that the agreement was fair and balanced, providing reasonable terms and conditions for the employees. Consequently, the application for approval was granted.

The final orders included the approval of the TIC (Reverse Logistics) Pty Ltd and National Union of Workers Comprehensive Agreement 2014-2017, allowing it to be implemented as a binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established