DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Furmanite Australia Pty Ltd T/A Team Industrial Services
(AG2019/3709)

TEAM INDUSTRIAL SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 16 OCTOBER 2019

Application for approval of the TEAM Industrial Services Australia Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the TEAM Industrial Services Australia Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Furmanite Australia Pty Ltd T/A Team Industrial Services. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 16 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Furmanite Australia Pty Ltd, trading as Team Industrial Services, sought approval of the Team Industrial Services Australia Enterprise Agreement 2019-2022. The application was before the Fair Work Commission. The dispute involved the proposed terms of employment and industrial relations conditions set out in the agreement, which was to govern the relationship between the employer and its employees for the specified period. The application required the Commission to determine if the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement complied with the formal requirements under the Fair Work Act, including whether it was genuinely negotiated, and if it met the criteria for approval as a new enterprise agreement. The Commission had to assess the procedural fairness of the negotiation process and whether the agreement contained all the mandatory terms prescribed by the Act. The validity of specific clauses in the agreement and their compliance with relevant industrial instruments were also scrutinised.

The Fair Work Commission determined that the application met the formal requirements for approval. The Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms. It concluded that the negotiation process was procedurally fair and that the agreement was compliant with the Fair Work Act. The Commission approved the Team Industrial Services Australia Enterprise Agreement 2019-2022, allowing it to take effect as intended. The decision ensured that the terms of employment and industrial relations conditions were legally sound and enforceable within the specified timeframe.

Furmanite Australia Pty Ltd T/A Team Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established