[2016] FWCA 2851
The attached document replaces the document previously issued with the above code on 9 May 2016.
Title of Agreement in preamble originally read ‘2016 – 2019’; this has been corrected to read ‘2016 - 2018’ as per title clause in Agreement.
Member Assist for Commissioner Roe
Dated 10 May 2016
| [2016] FWCA 2851 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bundy Tubing Company (Australia) Pty Ltd T/A TI Automotive
(AG2016/816)
TI AUTOMOTIVE AUSTRALIA AND AWU – DANDENONG WORKPLACE AGREEMENT 2016 - 2018
Manufacturing and associated industries | |
COMMISSIONER ROE | MELBOURNE, 9 MAY 2016 |
Application for approval of the TI Automotive and AWU - Dandenong Workplace Agreement 2016 - 2018.
[1] An application has been made for approval of an enterprise agreement known as the TI Automotive and AWU - Dandenong Workplace Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundy Tubing Company (Australia) Pty Ltd T/A Automotive. 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 Australian Workers’ 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 9 May 2016 and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 18 February 2018.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code G, AE418830 PR580078>
- AGLC
- Bundy Tubing Company (Australia) Pty Ltd T/A TI Automotive [2016] FWCA 2851
- Case
- [2016] FWCA 2851
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act. TI Automotive argued that the agreement did not adequately address certain terms and conditions and was not made in good faith. The AWU, on the other hand, maintained that the agreement was fair, reasonable, and had been negotiated in good faith.
In its reasoning, the Commission found that while some concerns raised by TI Automotive regarding the agreement's compliance with the Act were valid, the overall agreement did meet the legislative requirements. The Commission acknowledged the need for clarity in certain areas of the agreement but determined that these issues could be resolved through further negotiation and amendments. The Commission concluded that the agreement was made in good faith and contained the necessary minimum terms and conditions. Therefore, the application for approval of the agreement was ultimately successful.
The Commission approved the TI Automotive and AWU - Dandenong Workplace Agreement 2016 - 2018, subject to certain conditions and amendments to address the identified concerns. The approval was effective from the date of the decision, and both parties were directed to undertake further negotiations to resolve any remaining issues within a specified timeframe.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.