A Tomballe Insulations Pty Ltd

[2014] FWCA 7641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Tomballe Insulations Pty Ltd
(AG2014/9638)

A TOMBALLE INSULATIONS PTY LTD AND THE AMWU (ALTONA AREA) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 OCTOBER 2014

Application for approval of the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by A Tomballe Insulations Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 4 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) lodged an application for the approval of the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017. The dispute arose from a negotiation process between the employer, A Tomballe Insulations Pty Ltd, and the union, which had resulted in the creation of the enterprise agreement in question. The AMWU sought the commission's approval of the agreement, which would ensure its enforceability and provide a framework for industrial relations between the parties for the specified period.

The central legal issues before the commission involved determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and without coercion, and whether it contained the minimum terms and conditions as prescribed by the Act. Furthermore, the commission needed to consider if the agreement was fair and reasonable, taking into account various factors, including the interests of employees, the bargaining power of the parties, and the broader economic context.

Upon reviewing the evidence and submissions presented by both parties, the commission found that the enterprise agreement was made in good faith and without any element of coercion. It was determined that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the commission concluded that the agreement was fair and reasonable, taking into account the interests of the employees, the bargaining power of the parties, and the broader economic environment. Consequently, the commission approved the A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) Enterprise Agreement 2014-2017, making it legally enforceable between the employer and the union for the specified period.

The final orders of the commission included the approval of the enterprise agreement, which would now serve as the binding framework for industrial relations between A Tomballe Insulations Pty Ltd and the AMWU (Altona Area) for the duration of 2014-2017. The agreement would provide certainty and stability for both parties, ensuring that the rights and obligations of the employer and employees were clearly defined and protected. The commission's decision provided a resolution to the dispute and set a precedent for future negotiations and agreements between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established