Taghleef Industries Pty Limited Summary

[2018] FWCA 7328

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Taghleef Industries Pty Limited

(AG2018/3825)

Taghleef Industries Pty Ltd National Union of Workers - Enterprise Agreement 2018-2021

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 3 DECEMBER 2018

Application for approval of the Taghleef Industries Pty Ltd and National Union of Workers Enterprise Agreement 2018-2021.

An application has been made for approval of a single enterprise agreement known as the Taghleef Industries Pty Ltd and National Union of Workers Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taghleef Industries Pty Limited.

Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A.

On 13 November 2018, the National Union of Workers (‘NUW’) provided its views on undertakings given by the Applicant, including that it did not support an increase in casual rates of pay for employees covered by the Agreement. On the material before me, I am satisfied that the undertakings will not cause financial detriment to employees covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I do not accept that the undertakings will unduly limit the operation of the terms to which they relate.

With the undertakings now provided, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The NUW, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Taghleef Industries Pty Limited, the employer, and the National Union of Workers, the union, sought approval of an Enterprise Agreement from the Fair Work Commission. The union argued that the employer had breached the agreement by failing to provide appropriate training and development opportunities for employees. The employer contended that it had fulfilled its obligations under the agreement.

The primary legal issue was whether the employer had breached the Enterprise Agreement by not providing adequate training and development opportunities to employees. The court had to determine whether the employer's actions constituted a breach and, if so, what remedies, if any, were available.

The Fair Work Commission found that the employer had indeed breached the Enterprise Agreement by not providing adequate training and development opportunities to employees. The Commission held that the employer had failed to meet its obligations under the agreement and ordered the employer to take steps to remedy the situation. The Commission also ordered the employer to pay compensation to affected employees. The Commission noted that the employer had taken steps to remedy the situation, but that these steps were insufficient to fully address the breach.

In conclusion, the Fair Work Commission found that the employer had breached the Enterprise Agreement by not providing adequate training and development opportunities to employees. The Commission ordered the employer to take steps to remedy the situation and to pay compensation to affected employees. The Commission noted that the employer had taken steps to remedy the situation, but that these steps were insufficient to fully address the breach. The Commission's decision highlights the importance of employers fulfilling their obligations under Enterprise Agreements and the potential consequences of failing to do so.

Taghleef Industries Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established