DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic & Transportation
(AG2018/163)

TYCO PROJECT (AUSTRALIA) PTY LIMITED ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 30 JANUARY 2018

Application for approval of the Tyco Project (Australia) Pty Limited ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Tyco Project (Australia) Pty Limited ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic & Transportation. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tyco Projects (Australia) Pty Ltd, trading as Tyco Traffic & Transportation, applied for the approval of the Tyco Projects (Australia) Pty Ltd Enterprise Agreement 2017-2021. The applicant sought to have the agreement registered by the Fair Work Commission, which was challenged by the respondent, the Transport Workers Union of Australia. The matter was heard by the Fair Work Commission.

The key issue before the Commission was whether the enterprise agreement satisfied the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for good faith bargaining, coverage, and if it contained unfair provisions. The Commission also had to consider the impact of the agreement on the employees and the broader industrial relations system.

The Fair Work Commission found that the agreement met the good faith bargaining requirement as it had been negotiated in a genuine and reasonable manner. The Commission determined that the coverage of the agreement was appropriate and that it did not contain any unfair provisions. The Commission was satisfied that the agreement would not have an adverse impact on the employees or the broader industrial relations system. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Tyco Projects (Australia) Pty Ltd Enterprise Agreement 2017-2021, effective from 1st July 2017 to 30th June 2021. The agreement was registered by the Commission, and it now forms the basis for the employment conditions of the employees covered by the agreement.

Tyco Projects (Australia) Pty Ltd T/A Tyco Traffic & Transportation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established