DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/5973)

TAGHLEEF INDUSTRIES PTY LTD AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015 – 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Taghleef Industries Pty Ltd National Union of Workers 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 2 November 2015 and, in accordance with s.54, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement entered into with Taghleef Industries Pty Ltd. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval. The agreement in question sought to regulate the terms and conditions of employment for employees of the respondent company.

The central issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it was made in good faith and whether it contained the prescribed minimum terms and conditions. The Commission also had to consider whether the agreement provided for a proper process for the resolution of disputes between the parties. The union argued that the agreement was fair and reasonable, while the company expressed concerns about certain provisions.

After reviewing the evidence and submissions from both parties, the Commission found that the enterprise agreement satisfied the requirements of the Act. The agreement was deemed to have been made in good faith and contained the necessary minimum terms and conditions. The Commission also determined that the agreement provided for an appropriate process for the resolution of disputes, which was acceptable under the law. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2015 - 2018. The agreement is now legally binding on the parties and will govern the employment terms and conditions of the employees for the specified period. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory criteria for approval to ensure fairness and compliance with the law.

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