National Union of Workers Summary

[2013] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/592)

TRICOMPOSITE PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER GOOLEY	MELBOURNE, 26 MARCH 2013

Application for approval of the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2013 (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] 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] 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.

[4] The Agreement was approved on 25 March 2013 and, in accordance with s.54, will operate from 1 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2013 under the Fair Work Act 2009. The respondents, Tricomposite Pty Ltd, contested the application on several grounds, including that the agreement did not meet the requirements of a genuine enterprise agreement and contained provisions that were not reasonably necessary to facilitate a determination of terms and conditions of employment. The matter was heard in the Fair Work Commission.

The central legal issues revolved around whether the agreement constituted a genuine enterprise agreement as defined by the Act and whether the provisions within the agreement were necessary to facilitate a determination of terms and conditions of employment. The respondents argued that the agreement failed to meet the statutory requirements, while the applicant maintained that the agreement was genuine and contained provisions that were necessary for the determination of employment terms.

The Fair Work Commission found that the agreement met the statutory definition of a genuine enterprise agreement. The Commission held that the provisions within the agreement were reasonably necessary to facilitate a determination of terms and conditions of employment, despite the respondents' contentions. The Commission emphasised that the agreement included provisions that were essential for the effective operation of the enterprise, thereby satisfying the requirements of the Act. The application for approval was subsequently granted.

The Fair Work Commission approved the Tricomposite Pty Ltd & National Union of Workers Enterprise Agreement 2013. The agreement was registered on the Register of Approved Agreements, and the provisions became legally binding on the parties from the registration date. The decision underscored the importance of ensuring that enterprise agreements comply with the statutory requirements and contain provisions necessary for the effective determination of employment terms.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established