DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TX Payroll Services Pty Ltd
(AG2016/1183)

TX PAYROLL SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the TX Payroll Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TX Payroll Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TX Payroll Services 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 27 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

TX Payroll Services Pty Ltd applied to the Fair Work Commission for approval of the TX Payroll Services Pty Ltd Enterprise Agreement 2016. The respondents, the Australian Services Union and the Shop, Distributive and Allied Employees' Association, opposed the application. The primary dispute centred on the classification of certain employees within the agreement, their entitlements, and the overall fairness of the agreement in light of the Fair Work Act 2009.

The legal issues before the Commission included whether the classification of employees as either 'Payroll Officer' or 'Payroll Assistant' was appropriate, and if the entitlements and conditions outlined in the agreement were consistent with the requirements of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and the employer, and if it met the 'better off overall test' as mandated by the legislation.

The Fair Work Commission determined that the classification of employees as either 'Payroll Officer' or 'Payroll Assistant' was appropriate based on the duties and responsibilities outlined in the agreement. The Commission found that the agreement provided fair and reasonable terms and conditions, and met the 'better off overall test'. Consequently, the application for approval of the enterprise agreement was successful. The Commission approved the TX Payroll Services Pty Ltd Enterprise Agreement 2016, which now binds the employer and the employees covered by the agreement.

TX Payroll Services 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