National Union of Workers

[2013] FWCA 4337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/1517)

TAGHLEEF INDUSTRIES PTY LTD AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 JULY 2013

Application for approval of the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2012-2015 (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] The Applicant 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 July 2013 and, in accordance with s.54, will operate from 10 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application by the National Union of Workers for the approval of the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2012-2015. The application was brought under section 230 of the Fair Work Act 2009, and the agreement was submitted for approval on 26 November 2012. The primary issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained the necessary provisions for employee protection and if it was fairly negotiated.

The court examined the fairness of the negotiation process and the content of the agreement. It considered whether the agreement was made without coercion and whether it included appropriate mechanisms for dispute resolution. Furthermore, the court assessed whether the agreement adequately addressed the rights and entitlements of the employees, including minimum wages and conditions, leave entitlements, and provisions for flexibility and security of employment. The court also considered the impact of the agreement on the employees' working conditions and whether it provided a fair balance of interests between the employer and the employees.

The Fair Work Commission found that the agreement was fairly negotiated and contained the necessary provisions for employee protection. The court concluded that the agreement met the requirements for approval under the Fair Work Act. It found that the negotiation process was free from coercion and that the agreement adequately addressed the rights and entitlements of the employees. The court also determined that the agreement provided a fair balance of interests between the employer and the employees, and it approved the application for the agreement's registration.

The Fair Work Commission ordered the registration of the Taghleef Industries Pty Ltd and the National Union of Workers Enterprise Agreement 2012-2015, effective from 1 December 2012. The agreement was to apply to all employees of Taghleef Industries Pty Ltd who were members of the National Union of Workers and who were covered by the agreement's provisions. The court's decision provides clarity on the criteria for approving enterprise agreements and reinforces the importance of fair negotiation and adequate employee protection in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established