Tyco Australia Pty Ltd T/AS Tyco Building Products

[2014] FWCA 1093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/AS Tyco Building Products
(AG2014/3541)

TYCO AUSTRALIA PTY LTD T/AS TYCO BUILDING SERVICES ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 FEBRUARY 2014

Application for approval of the Tyco Australia Pty Ltd t/as Tyco Building Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Australia Pty Ltd t/as Tyco Building Services Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd t/as Tyco Building Products. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 12 February 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 February 2014. The nominal expiry date of the Agreement is 1 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Australia Pty Ltd, trading as Tyco Building Products, was involved in a dispute regarding the approval of an enterprise agreement. The application for the approval of the Tyco Australia Pty Ltd trading as Tyco Building Services Enterprise Agreement 2013-2016 was brought before the Fair Work Commission. The enterprise agreement was intended to regulate the terms and conditions of employment for the employees of the company.

The legal issues that the Fair Work Commission had to resolve included whether the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the "better off overall test." The Commission also had to consider the fairness of the terms and conditions of the agreement, including the wages, leave entitlements, and other benefits for the employees.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the enterprise agreement was indeed genuine and complied with the requirements of the Fair Work Act. The Commission concluded that the agreement met the "better off overall test," as it provided employees with improved terms and conditions of employment compared to the applicable awards. The Commission further determined that the agreement was fair and reasonable, taking into account the needs and interests of both the employees and the employer. As a result, the Fair Work Commission approved the Tyco Australia Pty Ltd trading as Tyco Building Services Enterprise Agreement 2013-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established