DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timco Transmission Lines Pty Ltd
(AG2020/251)

TIMCO TRANSMISSION LINES ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

Application for approval of the Timco Transmission Lines Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Timco Transmission Lines Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timco Transmission Lines 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 20 March 2020. The nominal expiry date of the Agreement is 12 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Timco Transmission Lines Pty Ltd is the subject of a recent decision from the Fair Work Commission, concerning an application for the approval of the Timco Transmission Lines Enterprise Agreement 2020. The applicant, Timco Transmission Lines Pty Ltd, sought the commission's approval of the proposed agreement, which was negotiated between the company and its employees represented by the Communications, Electrical and Plumbing Union. The nature of the dispute was the standard procedural application for the approval of an enterprise agreement under the Fair Work Act 2009.

The legal issues before the commission included whether the proposed agreement met the requirements of section 230 of the Fair Work Act, including the necessity to provide for a direct and transparent process for the resolution of disputes. The commission was required to consider whether the agreement included all the minimum terms and conditions set out in the Fair Work Act and whether the agreement had been genuinely negotiated. Additionally, the commission needed to assess whether the agreement was free from any invalid provisions that could undermine its enforceability.

The Fair Work Commission determined that the proposed agreement did indeed comply with the statutory requirements. The commission found that the agreement contained all the minimum terms and conditions, and there was evidence of genuine negotiation between the parties. The commission was satisfied that the agreement provided for a direct and transparent process for the resolution of disputes, including the establishment of a workplace dispute resolution committee. The commission further found that the agreement was free from any invalid provisions and was therefore in a fit state for approval. Consequently, the commission approved the Timco Transmission Lines Enterprise Agreement 2020.

Timco Transmission Lines 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