DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incat Tasmania Pty Ltd
(AG2021/6109)

INCAT TASMANIA PTY. LTD. PRODUCTION EMPLOYEE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2021

Application for approval of the Incat Tasmania Pty. Ltd. Production Employee Enterprise Agreement 2020.

[1] Incat Tasmania Pty Ltd has applied for approval of a single enterprise agreement known as the Incat Tasmania Pty. Ltd. Production Employee Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 1.8 of the Agreement, I am satisfied that the Agreement will be read in accordance with the National Employment Standards in the Act (NES) and the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 4 August 2021 and, in accordance with s.54, will operate from 11 August 2021. The nominal expiry date of the Agreement is expressed at clause 1.3 as “three years after the date the Agreement is approved by a successful employee ballot”. The Agreement was made when a majority of the employees covered, that cast a valid vote, voted to approve it on 29 June 2021. Accordingly, the nominal expiry date of the Agreement is 29 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Incat Tasmania Pty Ltd applied for approval of the Incat Tasmania Pty Ltd Production Employee Enterprise Agreement 2020. This enterprise agreement was proposed between the employer and the employees, represented by the Maritime Union of Australia. The application involved a series of negotiations and discussions regarding the terms and conditions of employment for production employees within Incat Tasmania Pty Ltd.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement complied with the "better off overall test" and whether it was made in good faith and without coercion. The Commission also considered whether the agreement provided for the proper operation of the enterprise and the resolution of workplace disputes.

The Fair Work Commission determined that the proposed enterprise agreement met the requirements for approval. It was found that the agreement was made in good faith and without coercion, and it satisfied the "better off overall test" by ensuring that employees were not disadvantaged by the terms of the agreement. The Commission concluded that the agreement was fair and appropriate for the employees, providing for the proper operation of the enterprise and the resolution of workplace disputes. Consequently, the Commission approved the Incat Tasmania Pty Ltd Production Employee Enterprise Agreement 2020.

Incat Tasmania 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