TSS Total Surveying Solutions

[2018] FWCA 2643

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TSS Total Surveying Solutions

(AG2017/5384)

Total Surveying Solutions and Victorian Employees Enterprise Agreement 2017

Technical services
Deputy President Beaumont	PERTH, 11 MAY 2018

Application for approval of the Total Surveying Solutions and Victorian Employees Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Total Surveying Solutions and Victorian Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TSS Total Surveying Solutions. The agreement is a single enterprise agreement.

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.

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.

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.

The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, TSS Total Surveying Solutions applied for the approval of the Total Surveying Solutions and Victorian Employees Enterprise Agreement 2017. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, objected to the approval on the basis that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009. The primary legal issue before the Commission was whether the provisions of the enterprise agreement complied with the Act, specifically in relation to the definition of a "surveyor" and the classification of employees within the agreement.

The Commission considered the statutory definition of "surveyor" and whether the agreement's definition aligned with this. It also examined whether the classification of employees within the agreement was consistent with the Act. The Commission found that the definition of "surveyor" in the agreement was too broad, as it included roles that did not meet the statutory definition. However, the Commission determined that the classification of employees was acceptable, as it aligned with the general principles of the Act. As a result, the Commission decided to approve the agreement with modifications to the definition of "surveyor" to ensure compliance with the Act.

The Commission's decision was based on a careful analysis of the statutory provisions and their application to the facts of the case. It took into account the broader context of the enterprise agreement and the need to balance the interests of both employers and employees. The Commission's decision to approve the agreement with modifications to the definition of "surveyor" ensures that the agreement remains compliant with the Act while also addressing the concerns of the respondents. This decision provides clarity for both parties and sets a precedent for future enterprise agreements in the surveying industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established