Tuff Enterprises Pty Ltd

[2014] FWCA 4174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tuff Enterprises Pty Ltd
(AG2014/763)

TUFF ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2014

Application for approval of the Tuff Enterprises Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the Tuff Enterprises Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tuff Enterprises Pty Ltd. The Agreement is a single-enterprise Agreement.

[2] On reviewing the application the Commission sought clarification about the entitlements proposed to be provided to employees required to work at weekends compared to the entitlements provided for in the Security Services Industry Award 2010. The Applicant’s representative subsequently proposed that an undertaking be provided by the employer in response to this matter. Detailed examples were also provided about how the proposed undertaking would work in practice in terms of the pay rates to be provided to employees.

[3] I am satisfied that the proposed undertaking will not cause financial detriment to the employees who are to be covered by the Agreement. I am also satisfied it will not result in substantial changes to the Agreement. The undertaking given by the employer is accordingly accepted and its terms will form part of the Agreement. A copy is also attached to this decision.

[4] I am also satisfied that each of the requirements of ss.186, 187,188 and s.190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 3 July 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tuff Enterprises Pty Ltd applied for the approval of the Tuff Enterprises Pty Ltd Enterprise Agreement 2014. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions are met for an enterprise agreement to be valid and enforceable. The applicant argued that the agreement was made in good faith and that it complied with all relevant statutory provisions.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval. This included determining whether the agreement was made in good faith, whether it was free from any illegality or improper conduct, and whether it complied with the prescribed procedural requirements. The Commission also needed to assess whether the agreement provided for terms and conditions that met the 'better off overall test', ensuring that employees were not worse off financially under the agreement.

The Commission examined the evidence and submissions provided by the parties. It concluded that the Enterprise Agreement was made in good faith and that it complied with all statutory requirements. The agreement was found to meet the 'better off overall test', with employees not being worse off financially. The Commission approved the agreement, finding that it provided for terms and conditions that were fair and reasonable. The applicant's application for approval of the Enterprise Agreement was accordingly granted.

The Commission made an order approving the Tuff Enterprises Pty Ltd Enterprise Agreement 2014, subject to the terms and conditions set out in the agreement. The approval is effective from the date of the Commission's decision, and the agreement will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established