DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AB Tilbury Pty Ltd
(AG2016/5924)

A.B. TILBURY PTY LTD ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the A.B. Tilbury Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the A.B. Tilbury Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.B. Tilbury Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Electrical Trade Union 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.

[4] The Agreement was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 20 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AB Tilbury Pty Ltd, an employer, applied for the approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred around the terms and conditions of employment specified in the proposed enterprise agreement, particularly the provisions concerning wages, hours of work, and other employment conditions.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act 2009. The employer argued that the agreement was a product of genuine bargaining, while the employees contended that certain provisions did not reflect true negotiation and were contrary to the statutory minimum standards. The Commission had to consider the evidence of the negotiation process and determine if the agreement met the criteria for approval.

The Commission found that the enterprise agreement was genuinely negotiated and complied with the statutory requirements. It examined the evidence of the negotiation process, the fairness of the terms, and whether the agreement met the objectives of the Fair Work Act. After thorough consideration, the Commission approved the enterprise agreement, finding that it was consistent with the principles of the Act and reflected the genuine efforts of both parties in the negotiation process. The Commission's decision was based on the balance of probabilities and the evidence presented. The final orders confirmed the approval of the enterprise agreement as presented.

AB Tilbury 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