Taghleef Industries Pty Ltd

[2021] FWCA 7229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taghleef Industries Pty Ltd
(AG2021/8702)

TAGHLEEF INDUSTRIES PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Taghleef Industries Pty Ltd and United Workers Union Enterprise Agreement 2021-2024.

[1] Taghleef Industries Pty Ltd has applied for approval of a single enterprise agreement known as the Taghleef Industries Pty Ltd and United Workers Union Enterprise Agreement 2021-2024 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 28 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Taghleef Industries Pty Ltd and the United Workers Union, sought approval of their Enterprise Agreement 2021-2024 before the Fair Work Commission (FWC). The applicants argued that the proposed agreement contained terms that were necessary and appropriate for the fair and efficient operation of their workplace. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which claimed that certain provisions of the agreement would negatively impact its members' rights and entitlements.

The legal issues before the FWC included whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically sections 232 and 233, which mandate that enterprise agreements be fair and appropriate for the operation of a business. The FWC had to determine whether the provisions of the agreement would lead to adverse effects on employees' conditions, and whether the agreement provided for a fair process to address any potential disputes that might arise during its operation.

The FWC concluded that the proposed agreement was fair and appropriate for the workplace. The Commission found that the terms in question were necessary to ensure the business could operate efficiently and sustainably. The FWC acknowledged the potential adverse impacts on some employees but determined that these were outweighed by the benefits to the majority. The FWC also found that the agreement provided adequate mechanisms for resolving disputes, which aligned with the principles of fairness and good faith bargaining.

The FWC approved the application for the Enterprise Agreement 2021-2024 to be registered with the specified terms. The AMWU's objections were not upheld, and the agreement was deemed to be in the best interests of the majority of the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established