DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAD Pty Ltd T/A TAD Industrial
(AG2019/3863)

TAD INDUSTRIAL AND AWU (ONESTEEL LAVERTON NORTH) AGREEMENT 2018 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 NOVEMBER 2019

Application for approval of the TAD Industrial and AWU (OneSteel Laverton North) Agreement 2018 - 2020.

[1] TAD Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the TAD Industrial and AWU (OneSteel Laverton North) Agreement 2018 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] 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.

[5] I observe that clauses 28.5, 30, 37.4 and 42 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 12 November 2019 and, in accordance with s 54, will operate from 19 November 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of TAD Pty Ltd T/A TAD Industrial, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the TAD Industrial and AWU (OneSteel Laverton North) Agreement 2018-2020. The dispute centred around the terms of the proposed agreement which aimed to regulate the employment conditions of workers at the OneSteel Laverton North site. The applicant, TAD Industrial, sought approval for the agreement, while the Australian Workers' Union (AWU) and OneSteel were involved as other interested parties.

The primary legal issues the FWC needed to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the protections afforded to employees and the process by which the agreement was formed. The FWC had to examine if the agreement provided adequate terms and conditions for the employees and if it was made in good faith and without coercion. Furthermore, the FWC had to ensure that the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

In its decision, the FWC thoroughly reviewed the contents of the proposed agreement, assessing whether it satisfied the criteria for approval. The FWC found that the agreement was generally fair and balanced, taking into consideration the interests of both the employees and the employer. The FWC concluded that the agreement was made in good faith and without coercion, and that it provided for terms and conditions that were not less favourable than those provided by the relevant award or registered agreement. Consequently, the FWC approved the agreement, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act.

The final orders of the FWC included the approval of the TAD Industrial and AWU (OneSteel Laverton North) Agreement 2018-2020, with specific conditions attached to ensure that the agreement was implemented in a manner consistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The conditions were intended to maintain the integrity of the agreement and to protect the rights of the employees covered by it.

TAD Pty Ltd T/A TAD Industrial

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established