DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAE Gas Turbines Pty Ltd
(AG2018/1700)

TAE GAS TURBINES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2018

Application for approval of the TAE Gas Turbines Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TAE Gas Turbines Pty Ltd Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2018 and, in accordance with s.54, will operate from 6 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by TAE Gas Turbines Pty Ltd for approval of the TAE Gas Turbines Pty Ltd Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the fairness and effectiveness of the proposed enterprise agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement contained all the mandated terms and conditions, if the agreement had been genuinely negotiated, and if the process by which the agreement was reached complied with the relevant provisions of the Fair Work Act. Additionally, the court examined whether the agreement provided for the fair treatment of employees and the protection of their rights and interests.

The Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement did not include all mandated terms and conditions, specifically regarding penalty rates and overtime. It was also determined that the negotiation process did not fully comply with the statutory requirements, as the union had not been given adequate opportunity to participate. Consequently, the application for approval was dismissed.

As a result of the dismissal, the Fair Work Commission did not grant approval for the enterprise agreement. The Commission's decision highlighted the importance of ensuring all mandated terms are included and that the negotiation process adheres to the legal requirements set out in the Fair Work Act.

TAE Gas Turbines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established