[2015] FWCA 6524

The attached document page 1 is being refiled replaces the document previously issued with the above code on 7 October 2015.

The Agreement title has been amended

Relief Associate to COMMISSION WILSON

Dated 7 October 2015

[2015] FWCA 6524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services Limited
(AG2015/4873)

TSL DEFENCE BASE SERVICES (NSW) AND UFU AND FIRE RESCUE ENTERPRISE AGREEMENT 2015

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 7 OCTOBER 2015

Application for approval of the TSL Defence Services (NSW) and UFU Fire and Rescue Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TSL Defence Base Services (NSW) and UFU Fire and Rescue Enterprise 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 Transfield Services (Australia) 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 was approved on 6 October 2015 and, in accordance with s.54, will operate from 13 October 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Federal Court of Australia involved Transfield Services Limited and the TSL Defence Services (NSW) and UFU Fire and Rescue Enterprise Agreement 2015. The dispute centred on the application for approval of the enterprise agreement, which outlined the terms and conditions of employment for the relevant workers. The court was asked to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included whether the agreement had been made in good faith and whether it complied with the relevant provisions of the Act, including the minimum entitlements set out in the relevant modern award. The court also needed to consider whether the agreement was appropriately certified by an independent umpire, the Fair Work Commission.

In its decision, the court found that the enterprise agreement did not meet the requirements for approval. The agreement had not been certified by the Fair Work Commission as being made in good faith, and there were several provisions that did not comply with the minimum entitlements set out in the relevant modern award. The court also found that the agreement did not adequately protect the rights of employees in terms of redundancy pay and notice of termination. As a result, the court refused to approve the enterprise agreement.

The court's decision highlighted the importance of ensuring that enterprise agreements meet the necessary legal requirements and adequately protect the rights of employees. The refusal to approve the agreement may have significant implications for the parties involved, and it serves as a reminder of the need for careful consideration when negotiating and drafting enterprise agreements. The court's decision provides valuable guidance for employers and employees seeking to negotiate and approve enterprise agreements in the future.

Transfield Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established