TAE Gas Turbines Pty Ltd Summary

[2022] FWCA 3376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TAE Gas Turbines Pty Ltd

(AG2022/3912)

TAE AEROSPACE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the TAE Aerospace Enterprise Agreement 2022

TAE Gas Turbines Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the TAE Aerospace Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 186, 187 and 188

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.

National Employment Standards

I observe that clauses 2.6 and 5.3(g) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Model Consultation Term

The Agreement does not contain a consultation term, as required by s.205(1) of the FW Act. Pursuant to s.205(2) of the FW Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

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 FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TAE Gas Turbines Pty Ltd, an Australian company involved in the manufacturing and servicing of gas turbines, applied for approval of the TAE Aerospace Enterprise Agreement 2022. This agreement was intended to cover the employment terms and conditions of employees within the company. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was appropriately negotiated. The court had to consider the nature of the agreement, its implications for the employees, and whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations.

In its reasoning, the court found that the agreement was fairly and reasonably negotiated and contained terms that were considered fair and reasonable. The court noted that the agreement provided for a comprehensive set of terms and conditions that covered a wide range of issues relevant to the employees. The court also found that the process of negotiation was appropriate and that the agreement was in line with the statutory requirements. Consequently, the court approved the TAE Aerospace Enterprise Agreement 2022.

No further orders were made by the court as the primary application for approval was successful. The approval of the agreement ensures that the terms and conditions set out in the agreement are applicable to the employees covered by the agreement, providing a stable and fair working environment for both the company and its employees.

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