| [2024] FWCA 1143 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Furmanite Australia Pty Ltd T/A TEAM Industrial Services Australia
(AG2024/584)
TEAM INDUSTRIAL SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2022 – 2025
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 3 APRIL 2024 |
Application for approval of the TEAM Industrial Services Australia Enterprise Agreement 2022 – 2025
An application has been made for approval of an enterprise agreement known as the TEAM Industrial Services Australia Enterprise Agreement 2022 – 2025 (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 Australia. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.7.2 of the Agreement and the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and in accordance with s.54, will operate from 10 April 2024. The nominal expiry date of the Agreement is 2 April 2027.
COMMISSIONER
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Annexure A
- AGLC
- Furmanite Australia Pty Ltd T/A TEAM Industrial Services Australia [2024] FWCA 1143
- Case
- [2024] FWCA 1143
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the FWC were whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act and the Fair Work Regulations 2009. These included verifying that the agreement was made without coercion, was in good faith, and provided for minimum terms and conditions of employment as stipulated by the Act. Additionally, the FWC examined whether the agreement included provisions for dispute resolution mechanisms and if it adhered to the industrial relations principles underpinning the legislation.
In reaching its decision, the FWC carefully reviewed the submissions and evidence provided by the parties. The Commission found that the agreement had been negotiated in good faith and without any undue influence or coercion. Furthermore, it determined that the agreement met the necessary criteria for procedural fairness and contained appropriate provisions for dispute resolution. The FWC also confirmed that the agreement's terms and conditions complied with the minimum standards set by the Fair Work Act. Given these findings, the FWC approved the agreement, affirming its compliance with the legislative requirements.
Consequently, the Fair Work Commission granted the application, approving the TEAM Industrial Services Australia Enterprise Agreement 2022-2025 as a registered agreement. This approval signifies that the agreement is now legally binding on the parties involved and will govern their employment relations for the duration specified.
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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