TAE Gas Turbines Pty Ltd Summary

[2013] FWCA 5470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TAE Gas Turbines Pty Ltd
(AG2013/7216)

TAE GAS TURBINES PTY LTD ENTERPRISE COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 AUGUST 2013

Application for approval of the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 7 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved TAE Gas Turbines Pty Ltd and the Australian Manufacturing Workers' Union. The union sought approval for the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2013. The application centred on whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the union argued that the agreement met all necessary conditions and was fair and reasonable for the employees covered by it.

The legal issues before the Commission were whether the agreement was made genuinely in the course of promoting or facilitating a workplace agreement, whether it was made in good faith, and if it was consistent with the provisions of the Act. The Commission also had to consider if the agreement was fair and reasonable, and whether it complied with the procedural requirements set out in the Fair Work Regulations 2009. The union contended that the agreement was validly made and was fair and reasonable for the employees. The employer argued that there were procedural flaws and that the agreement did not meet the statutory requirements.

The Commission found that the agreement was made genuinely in the course of promoting or facilitating a workplace agreement and that it was made in good faith. The Commission also found that the agreement was consistent with the Fair Work Act 2009 and was fair and reasonable for the employees. The Commission noted that there were some procedural issues but determined that they did not affect the overall validity of the agreement. Based on these findings, the Commission approved the TAE Gas Turbines Pty Ltd Enterprise Collective Agreement 2013.

TAE Gas Turbines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established