On Site Machining & Welding Pty Limited

[2025] FWCA 864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

On Site Machining & Welding Pty Limited

(AG2025/178)

TEMMCO GROUP ENTERPRISE BARGAINING AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 MARCH 2025

Application for approval of the Temmco Group Enterprise Bargaining Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Temmco Group Enterprise Bargaining Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by On Site Machining & Welding Pty Limited. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.7, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2025. The nominal expiry date of the Agreement is 30 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves On Site Machining & Welding Pty Limited, which sought approval of the Temmco Group Enterprise Bargaining Agreement 2024-2027 from the Fair Work Commission. The primary dispute centred around the agreement's compliance with Australian labour laws and the fairness of the terms and conditions proposed. The Fair Work Commission was tasked with evaluating whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the terms of the proposed agreement provided for fair and reasonable terms and conditions for employees, including wages, leave entitlements, and other benefits. It also examined whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act and other relevant legislation. The fairness of the agreement was scrutinised, particularly in terms of the balance of power between the employer and the employees.

The Commission found that the proposed agreement was fair and reasonable, providing for terms and conditions that were consistent with the principles of the Fair Work Act. The agreement was deemed to have been genuinely negotiated and was considered to be in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair wages, reasonable working hours, and adequate leave entitlements, among other provisions. The decision underscored the importance of ensuring that enterprise agreements promote fairness and balance 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