DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TMR Labour Services Pty Ltd
(AG2018/6944)

TMR LABOUR SERVICES PTY LTD AGREEMENT 2019

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2019

Application for approval of the TMR Labour Services Pty Ltd Agreement 2019

[1] TMR Labour Services Pty Ltd has made an application for approval of an enterprise agreement known as the TMR Labour Services Pty Ltd Agreement 2019 (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.

[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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TMR Labour Services Pty Ltd recently sought approval for the TMR Labour Services Pty Ltd Agreement 2019, which aims to govern the employment terms of its workers. The application was brought before the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The primary dispute revolved around whether the agreement met the statutory criteria for approval, including whether it provided a safety net for employees and whether it was free from any coercive practices.

The legal issues before the Commission included whether the proposed agreement adequately safeguarded the minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission had to determine if the agreement was made without any undue pressure or coercion, and whether it was fair and reasonable in all its aspects. The applicant's submissions argued that the agreement was beneficial for both parties and met all legislative requirements.

The Commission reviewed the contents of the agreement and found that it did indeed provide a safety net for employees by ensuring they received at least the minimum entitlements outlined in the relevant awards and the National Employment Standards. The Commission also noted that there was no evidence of any coercive practices in the formation of the agreement. Consequently, the Commission was satisfied that the agreement was fair and reasonable. Based on these findings, the Commission approved the TMR Labour Services Pty Ltd Agreement 2019, confirming its compliance with the statutory criteria.

TMR Labour Services 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