DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6874)

TRICOMPOSITE PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The agreement is a single enterprise agreement.

[2] Tricomposite Pty Ltd 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of National Union of Workers, the applicant, the Fair Work Commission was tasked with approving the Enterprise Agreement between Tricomposite Pty Ltd and the National Union of Workers for 2016. The dispute arose from the union's application for the agreement's approval, which was opposed by the employer. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions for the employees.

The Commission began its analysis by examining the procedural fairness of the agreement, determining that the union had followed the necessary steps in negotiating and finalising the agreement. It was established that the union had bargaining representative status and had engaged in good faith negotiations with the employer. The Commission then considered the substantive provisions of the agreement, assessing whether they complied with the Act and provided for fair and reasonable terms and conditions. The Commission found that the agreement was consistent with the provisions of the Act and offered appropriate terms and conditions for the employees.

Based on the analysis, the Commission concluded that the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2016. The employer's opposition to the agreement was dismissed, and the agreement was approved as a registered agreement under the Act.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established