DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAD Pty Ltd
(AG2021/5011)

TAD PTY LTD AND AWU - AUSTRALIAN REINFORCING COMPANY (ARC) MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT 2020

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2021

Application for approval of the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2020.

[1] TAD Pty Ltd has made an application for approval of an enterprise agreement known as the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2021 and, in accordance with s 54, will operate from 18 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

TAD Pty Ltd, an employer, and Australian Workers' Union - Australian Reinforcing Company (ARC), a trade union, jointly applied to the Fair Work Commission for the approval of their enterprise agreement. The application was made under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement met the requirements of the Act. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, included provisions for minimum rates of pay and conditions, and whether it was free from any unfair discrimination or any other matter that would make it unsuitable for approval.

The Commission examined the provisions of the proposed agreement in detail. It considered the balance of the agreement in terms of the rights and obligations of both parties, the procedural fairness in its negotiation, and the impact on the employees. The Commission was also required to assess if the agreement contained any provisions that were not in the best interests of the employees or that could potentially undermine their rights. The Commission concluded that the agreement provided for a fair and efficient workplace, included adequate provisions for minimum rates of pay and conditions, and was free from any unfair discrimination. The agreement was therefore approved.

The Fair Work Commission approved the application for the TAD Pty Ltd and AWU - Australian Reinforcing Company (ARC) Mechanical Maintenance Enterprise Agreement 2020. The Commission found that the agreement met all the statutory requirements and provided for a fair and efficient workplace. The approved agreement will now be binding on the parties and their employees, establishing the terms and conditions of employment for the duration specified in the agreement.

TAD Pty Ltd

DECISION

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