DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trades & Labour Company (WA) Pty Ltd
(AG2015/2313)

TLCM OPERATIONS SAFETY NET AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2015

Application for approval of the TLCM Operations Safety Net Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TLCM Operations Safety Net Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trades & Labour Company (WA) 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 17 April 2015 and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date of the Agreement is 16 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Trades & Labour Company (WA) Pty Ltd, who sought approval for the TLCM Operations Safety Net Agreement 2015 from the Fair Work Commission. This agreement, a safety net of minimum terms and conditions, was proposed as a replacement for existing agreements. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The court had to determine if the agreement provided fair and reasonable terms for employees and if it complied with the statutory criteria for safety net agreements.

The primary legal issue was whether the proposed agreement provided fair and reasonable terms for employees and whether it complied with the statutory criteria for safety net agreements. The court considered whether the agreement met the requirements of section 234 of the Fair Work Act 2009, which mandates that a safety net agreement must provide for terms and conditions no less favourable than those in the relevant award or registered agreement. The court also examined whether the agreement was procedurally sound, considering the process through which it was negotiated and the extent of employee representation.

The Fair Work Commission found that the proposed agreement met the statutory criteria and provided fair and reasonable terms for employees. The Commission held that the agreement did not disadvantage employees compared to the existing award and provided for terms and conditions that were in line with the requirements of the Fair Work Act 2009. The Commission also found that the process through which the agreement was negotiated was procedurally sound, with adequate employee representation. As a result, the Commission approved the TLCM Operations Safety Net Agreement 2015.

The court's final orders approved the TLCM Operations Safety Net Agreement 2015 as a safety net agreement under the Fair Work Act 2009. This approval allowed the agreement to provide a safety net of minimum terms and conditions for employees covered by the agreement, effective from the date of the Commission's decision. The approval also meant that the agreement could be used as a basis for enterprise agreements in the future, provided that it met the requirements of the Fair Work Act 2009.

Trades & Labour Company (WA) 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