DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAD Pty Ltd T/A TAD Industrial
(AG2015/4173)

TAD INDUSTRIAL PTY LTD (VICTORIA) ONESTEEL REINFORCING SUPPLEMENTARY LABOUR AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2015

Application for approval of the TAD Industrial Pty Ltd (Victoria) OneSteel Reinforcing Supplementary Labour Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the TAD Industrial Pty Ltd (Victoria) OneSteel Reinforcing Supplementary Labour Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TAD Pty Ltd T/A TAD Industrial. 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] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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 18 August 2015. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, TAD Pty Ltd trading as TAD Industrial, applied to the Fair Work Commission for approval of a supplementary labour agreement. The agreement, titled the TAD Industrial Pty Ltd (Victoria) OneSteel Reinforcing Supplementary Labour Agreement 2013-2016, was intended to supplement the existing OneSteel Reinforcing Enterprise Agreement 2011-2014. The primary dispute involved whether the supplementary agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court that heard the case.

The legal issues before the Commission were whether the supplementary agreement was consistent with the provisions of the Fair Work Act and whether it provided for better pay and conditions than the existing enterprise agreement. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of the employer and employees. The applicant argued that the supplementary agreement was necessary to meet specific operational needs and would not result in a detriment to the employees.

The Commission found that the supplementary agreement was consistent with the Fair Work Act and provided for better pay and conditions than the existing enterprise agreement. The Commission was satisfied that the agreement appropriately balanced the interests of both the employer and employees. The supplementary agreement included provisions for additional allowances and shifts, which the Commission deemed to be beneficial to the employees. The Commission approved the supplementary agreement, finding it to be in accordance with the relevant legislation and providing for improved terms and conditions for the employees.

The Fair Work Commission approved the TAD Industrial Pty Ltd (Victoria) OneSteel Reinforcing Supplementary Labour Agreement 2013-2016, subject to the terms and conditions set out in the agreement. The approval was based on the findings that the agreement provided for better pay and conditions than the existing enterprise agreement and appropriately balanced the interests of the employer and employees. The supplementary agreement was deemed to be consistent with the Fair Work Act and was approved for the period specified.

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