TAE Gas Turbines Pty Ltd

[2021] FWCA 6779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAE Gas Turbines Pty Ltd
(AG2021/8287)

TAE AEROSPACE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2021

Application for approval of the TAE Aerospace Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the TAE Aerospace Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TAE Gas Turbines Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of TAE Gas Turbines Pty Ltd, the Federal Circuit and Family Court of Australia considered an application for approval of the TAE Aerospace Enterprise Agreement 2021. The applicant, TAE Gas Turbines Pty Ltd, sought approval of the enterprise agreement under the Fair Work Act 2009. The application was made pursuant to section 233 of the Act, which allows for the Fair Work Commission to approve an enterprise agreement if it meets certain criteria. The dispute primarily involved the procedural fairness and compliance of the agreement with the requirements of the Act.

The central legal issue before the court was whether the enterprise agreement was fair and appropriate for the purposes of section 233 of the Fair Work Act 2009. The court had to assess whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the court considered whether the agreement was made in accordance with the prescribed procedures and whether it was consistent with the provisions of the Act.

In delivering its judgment, the court found that the applicant had demonstrated that the enterprise agreement met the criteria for approval. The court noted that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The court also found that the agreement was made in accordance with the prescribed procedures and was consistent with the provisions of the Fair Work Act 2009. Based on these findings, the court approved the enterprise agreement.

The court's approval of the TAE Aerospace Enterprise Agreement 2021 ensures that the agreement will provide a framework for the fair and reasonable terms and conditions of employment for the employees of TAE Gas Turbines Pty Ltd. The decision highlights the importance of compliance with the Fair Work Act 2009 and the procedures for the approval of enterprise agreements. The final orders of the court approved the agreement, allowing it to be registered and enforceable under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established