DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sandbell Pty Ltd ATF the M Turner Family Trust T/A Turner’s Engineering
(AG2016/178)

TURNER’S ENGINEERING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Turner’s Engineering Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Turner’s Engineering 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 Sandbell Pty Ltd ATF the M Turner Family Trust T/A Turner’s Engineering. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 9 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Sandbell Pty Ltd ATF the M Turner Family Trust T/A Turner’s Engineering, the Fair Work Commission was called upon to determine whether to approve the Turner’s Engineering Enterprise Agreement 2016. The application for approval was made by the employer, Sandbell Pty Ltd, while the Australian Manufacturing Workers’ Union acted on behalf of the employees. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for being a single, clear, and understandable document that fairly reflected the terms and conditions of employment for the relevant workforce.

The legal issues before the Commission were whether the agreement sufficiently addressed all mandatory terms and conditions, and whether it complied with the requirements for fairness and clarity as prescribed by the Act. Additionally, the Commission had to consider if the agreement provided for adequate mechanisms for dispute resolution and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission examined the comprehensive submissions from both parties and the evidence presented regarding the negotiation process and the content of the agreement. It found that the agreement did indeed capture all the mandatory terms and conditions required by the Act, and that it was clear and understandable for the employees it covered. The Commission was satisfied that the agreement fairly reflected the terms and conditions of employment and that it had been achieved through a process of genuine good faith bargaining. Consequently, the Commission approved the application for the agreement's registration, confirming its compliance with the statutory requirements.

The Commission's approval of the Turner’s Engineering Enterprise Agreement 2016 ensures that the terms and conditions set out in the agreement will govern the employment of the relevant workforce, providing certainty and stability in the workplace.

Sandbell Pty Ltd ATF the M Turner Family Trust T/A Turner’s Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established