DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tradetech Services (Aust) Pty Ltd
(AG2017/1323)

TRADETECH SERVICES (AUST.) PTY LTD ENTERPRISE AGREEMENT - 2017/2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2017

Application for approval of the Tradetech Services (Aust.) Pty Ltd Enterprise Agreement - 2017/2020.

[1] An application has been made for approval of an enterprise agreement known as the Tradetech Services (Aust.) Pty Ltd Enterprise Agreement - 2017/2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tradetech Services (Aust) 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 is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tradetech Services (Aust) Pty Ltd, an employer, and the Communications, Electrical and Plumbing Union of Australia (CEPU), a trade union, applied to the Fair Work Commission for approval of an enterprise agreement. The proposed agreement, titled the Tradetech Services (Aust) Pty Ltd Enterprise Agreement - 2017/2020, aimed to regulate various aspects of employment conditions, including wages, hours of work, and other employment-related matters. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were problematic and potentially detrimental to their business operations.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring that it was fair and reasonable, and whether it complied with the provisions of the Act, including any applicable minimum standards. Additionally, the Commission had to consider the balance between the rights of the employer and the employees and determine whether the agreement provided for a fair and equitable resolution of any disputes that might arise.

The Commission determined that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the parties and the nature of the industry in which they operated. The Commission found that the agreement provided for appropriate mechanisms for resolving disputes and that it included provisions that were in line with the objectives of the Fair Work Act 2009. The Commission also considered the evidence presented by both parties and concluded that the agreement did not include any provisions that would unfairly disadvantage either party. Consequently, the Commission approved the Tradetech Services (Aust) Pty Ltd Enterprise Agreement - 2017/2020.

The final orders of the Commission were that the proposed enterprise agreement was approved, and it would come into effect on the date of the decision. The agreement would govern the employment conditions of the employees covered by the agreement for the period specified in the agreement. The parties were required to take all necessary steps to implement the agreement and to ensure that it was complied with by all relevant persons.

Tradetech Services (Aust) 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