DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tycab Australia Pty Ltd
(AG2014/8239)

TYCAB SINGLE ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Tycab Single Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tycab Single Enterprise Agreement 2014 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tycab Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Tycab Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tycab Australia Pty Ltd and its employees, who were members of the Transport Workers Union of Australia. The dispute centred on the application for the approval of the Tycab Single Enterprise Agreement 2014-2017 under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue was whether the proposed agreement met the requirements of the Fair Work Act, specifically section 231, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. A secondary issue was whether the agreement was genuinely negotiated and not imposed, as required by section 230 of the Act.

In delivering the judgment, the Court considered the process of negotiation and the terms of the agreement. The Court noted that the agreement was the result of genuine bargaining between the parties and contained provisions that were fair and reasonable. The Court was satisfied that the negotiation process met the legislative standards and that the terms of the agreement provided for fair and reasonable terms and conditions. The Court also examined the submissions from both parties and the evidence presented, concluding that the agreement did not unfairly discriminate against any class of employees.

The Court approved the application for the agreement, finding that it met the statutory requirements. The Court noted the importance of the agreement in providing stability and certainty for both the employer and employees. The Court’s decision was based on the evidence and submissions presented, and it was determined that the agreement was genuinely negotiated and fair. The final order was that the Tycab Single Enterprise Agreement 2014-2017 was approved and would be registered with the Fair Work Commission.

Tycab Australia Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established