DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tycab Australia Pty Ltd
(AG2017/3444)

TYCAB SINGLE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 18 OCTOBER 2017

Application for approval of the Tycab Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tycab Single 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 Tycab Australia 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tycab Australia Pty Ltd sought approval of the Tycab Single Enterprise Agreement 2017. The Australian Council of Trade Unions (ACTU) intervened in the proceedings, raising concerns about the fairness and appropriateness of various clauses in the proposed agreement. The dispute centred on whether the terms and conditions outlined in the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The central legal issues revolved around whether certain provisions of the agreement unfairly disadvantaged employees, whether the agreement provided adequate protections for employee rights and conditions, and whether the process by which the agreement was negotiated was fair and appropriate. The Commission had to consider the nature of the bargaining process, the provisions of the Fair Work Act, and relevant case law to determine if the agreement met the statutory requirements for approval.

After reviewing the evidence and submissions from both parties, the Commission found that several clauses in the agreement did not comply with the Fair Work Act, particularly in relation to provisions on casual employment, penalty rates, and shift differentials. The Commission concluded that these clauses were not appropriately negotiated and did not provide fair and reasonable terms for the employees. Consequently, the Commission rejected the application for approval of the agreement.

The Commission directed that the agreement be returned to the parties for further negotiation, with specific instructions to address the identified shortcomings and to ensure that the final agreement meets the statutory requirements for approval. The decision underscores the importance of fair and comprehensive bargaining processes and the necessity for enterprise agreements to provide adequate protections for employees.

Tycab Australia 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