DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAE Gas Turbines Pty Ltd
(AG2015/3515)

TAE GAS TURBINES PTY LTD ENTERPRISE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2015

Application for approval of the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2015 (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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant 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.

[4] Subject to the undertakings referred to above, 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.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, TAE Gas Turbines Pty Ltd, sought approval of an Enterprise Collective Agreement 2015. The dispute arose between the applicant and its employees represented by the Electrical Trades Union of Australia. The disagreement centred on the terms and conditions of employment, specifically those outlined in the proposed collective agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements for approval as stipulated in the Fair Work Act. This involved examining whether the agreement had been made in good faith, whether it included appropriate mechanisms for resolving disputes, and whether it met the criteria for being a low-paid or disadvantaged workers agreement. Additionally, the Commission had to assess whether the agreement provided fair and reasonable terms and conditions of employment for the employees involved.

The Commission found that the agreement did not adequately address certain aspects required by the Act, particularly in relation to the mechanisms for resolving disputes. The proposed dispute resolution process was deemed insufficient as it did not provide for a final and binding resolution of disputes within a reasonable time frame. Furthermore, the Commission noted that the agreement did not sufficiently cater to the needs of low-paid or disadvantaged workers. Consequently, the application for approval was dismissed as the agreement did not meet the necessary criteria for approval under the Fair Work Act.

No final orders were made as the application for approval was dismissed. The parties were directed to continue negotiations to reach a more comprehensive and compliant agreement.

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