Tyco Projects (Australia) Pty Ltd

[2014] FWCA 1868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Projects (Australia) Pty Ltd
(AG2014/3931)

TYCO FIRE PROTECTION PRODUCTS VICTORIA ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 MARCH 2014

Application for approval of the Tyco Fire Protection Products Victoria Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Fire Protection Products Victoria Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 March 2014. The nominal expiry date of the Agreement is 27 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Projects (Australia) Pty Ltd sought approval for the Tyco Fire Protection Products Victoria Enterprise Agreement 2013-2016. The dispute involved the terms and conditions of employment for employees within the fire protection products sector in Victoria. The application was brought before the Commission to ensure the agreement met the legal requirements and standards set out by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the public interest and if it provided a safety net for employees. The Commission needed to assess whether the agreement contained provisions that were unfair, whether it was free from coercion or undue influence, and whether it provided for a proper dispute resolution process. Additionally, the Commission had to determine whether the agreement met the criteria for a safety net agreement under the Fair Work Act.

The Commission reviewed the agreement in detail, taking into account the submissions from both parties. It found that the agreement contained provisions that were not unfair and provided a proper dispute resolution process. The Commission also determined that the agreement was free from coercion or undue influence and met the criteria for a safety net agreement. Consequently, the Commission approved the application for the enterprise agreement, finding it to be in the public interest and providing a safety net for employees.

The final orders included the approval of the Tyco Fire Protection Products Victoria Enterprise Agreement 2013-2016, subject to the conditions set out by the Fair Work Act. The agreement was to be registered and would apply to the relevant employees until the end of the agreement period or until superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established