Transcape Enterprises Pty Ltd
[2024] FWC 1537
•13 JUNE 2024
| [2024] FWC 1537 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Transcape Enterprises Pty Ltd
(AG2024/1773)
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 13 JUNE 2024 |
Application for approval of an enterprise agreement – application dismissed
The following is an edited version of a decision given on transcript earlier today. Transcape Enterprises Pty Ltd (company) has made an application under s 185 of the Fair Work Act 2009 (Act) for the approval of an enterprise agreement known as the Transcape Enterprise Pty. Ltd Enterprise Agreement 2024-2028 (Agreement).
The Commission cannot approve an enterprise agreement unless all of the statutory approval requirements are met. One of these is that the Commission must be satisfied that the agreement was genuinely agreed to by employees covered by the agreement (see ss 186(2)(a) and 188). And the Commission cannot be satisfied that this was the case unless it is satisfied that the employer complied with s 180(5), which requires an employer to take ‘all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, are explained to the employees employed at the time who will be covered by the agreement’. I am not satisfied that this occurred. The differences between the Agreement and the relevant awards were not explained. This was an important matter because clause 1.6 of the Agreement appears to contemplate that, where the Agreement is silent, award provisions will apply. The company confirmed at the hearing that this was the intention. But it was not explained to employees which award provisions would apply. Further, there is no information about any steps taken to explain to employees the differences between the Agreement and the Transcape Enterprise Pty. Ltd Agreement 2016, which currently covers the relevant employees.
As I was not satisfied that the employer complied with s 180(5), I could not be satisfied that the Agreement was genuinely agreed to by employees. The application was therefore dismissed.
DEPUTY PRESIDENT
Appearances:
S. Dobson and C. Hausemister for the applicant
Hearing details:
2024
Melbourne (by telephone)
13 June
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