Taghleef Industries Pty Ltd Summary

[2025] FWCA 574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Taghleef Industries Pty Ltd

(AG2024/4518)

TAGHLEEF INDUSTRIES PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 13 FEBRUARY 2025

Application for approval of the TAGHLEEF INDUSTRIES PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024-2027

An application has been made for approval of an enterprise agreement known as the TAGHLEEF INDUSTRIES PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024-2027 (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 Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 6 November 2023 and the Agreement was made on 30 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.
The United Workers Union, 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 20 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between Taghleef Industries Pty Ltd and the United Workers Union for the period 2024-2027. The primary dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial laws and standards. The Commission was tasked with determining whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009.

The legal issues the Commission had to address included assessing the procedural fairness of the bargaining process, verifying the agreement's compliance with the "better off overall test," and ensuring that it included all mandated provisions such as minimum wage rates, penalty rates, and other employment conditions. Additionally, the Commission examined whether the agreement contained any provisions that unfairly disadvantaged employees or employers.

The Commission found that the bargaining process was conducted in a procedurally fair manner, with both parties engaging in good faith negotiations. The agreement was deemed to meet the "better off overall test," providing employees with a fair and reasonable improvement in their terms and conditions of employment. The Commission also confirmed that the agreement included all mandatory provisions as required by the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and compliant with all relevant legislative requirements.

The final orders of the Commission were that the Enterprise Agreement between Taghleef Industries Pty Ltd and the United Workers Union for the period 2024-2027 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement will apply to the employees of Taghleef Industries Pty Ltd for the specified period.

Taghleef Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established