DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAD Pty Ltd T/A TAD Industrial
(AG2019/2286)

TAD PTY LTD AND AWU - AUSTRALIAN REINFORCING COMPANY (ARC) MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 AUGUST 2019

Application for approval of the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by TAD Pty Ltd T/A TAD Industrial (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] The Australian Workers’ Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 21 August 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

The parties to this case were TAD Pty Ltd, trading as TAD Industrial, and the Australian Workers' Union (AWU). The dispute centred on the application for approval of the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2018. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandated minimum terms and conditions, including procedural fairness, and whether it had been appropriately negotiated and made.

In considering these issues, the Commission examined the negotiation process, the content of the agreement, and whether it complied with the Fair Work Act's provisions. The Commission found that the agreement had been appropriately negotiated, contained all necessary minimum terms, and was fair and reasonable. Consequently, the application for approval was granted.

The Fair Work Commission approved the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2018, confirming its compliance with the statutory requirements under the Fair Work Act. The Commission's decision recognised the negotiated nature of the agreement and its adherence to the minimum standards prescribed by law.

TAD Pty Ltd T/A TAD Industrial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established