David Livingston T/A Tecalemit Pty Ltd

Case [2024] FWCA 3652
[2024] FWCA 3652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

David Livingston T/A Tecalemit Pty Ltd

(AG2024/3723)

TECALEMIT PTY LTD UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER ALLISON

MELBOURNE, 21 OCTOBER 2024

Application for approval of the Tecalemit Pty Ltd Union Enterprise Agreement 2024

  1. David Livingston T/A Tecalemit Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Tecalemit Pty Ltd Union Enterprise Agreement 2024 (the Agreement).

  1. 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 30 June 2027.


COMMISSIONER

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Details
AGLC
David Livingston T/A Tecalemit Pty Ltd [2024] FWCA 3652
Case
[2024] FWCA 3652
Decision Date

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for the approval of the Tecalemit Pty Ltd Union Enterprise Agreement 2024. The applicant, David Livingston trading as Tecalemit Pty Ltd, sought the FWC's endorsement of the agreement reached between the employer and the relevant union. The agreement aimed to regulate the terms and conditions of employment for employees covered by it.

The central legal issues revolved around whether the agreement met the criteria set out in the Fair Work Act 2009 for a valid enterprise agreement. Specifically, the FWC had to determine if the agreement was made in good faith, if it covered the correct bargaining unit, if it contained the necessary minimum terms and conditions, and if it was free from any illegal content. Additionally, the FWC examined whether the agreement was made without any improper influence or coercion.

In its decision, the FWC found that the agreement was made in good faith and covered the appropriate bargaining unit. The agreement contained all the necessary minimum terms and conditions and was free from any illegal content. The FWC was satisfied that the agreement had been reached without any improper influence or coercion. Consequently, the FWC approved the Tecalemit Pty Ltd Union Enterprise Agreement 2024.

The FWC's final order was that the Tecalemit Pty Ltd Union Enterprise Agreement 2024 be approved and registered with the Fair Work Commission, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees covered by it.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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