DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taiyo Membrane Corporation P/L
(AG2015/5361)

TAIYO MEMBRANE CORPORATION PTY LTD WESTADIUM PROJECT SITE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Taiyo Membrane Corporation Pty Ltd Westadium Project Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Taiyo Membrane Corporation Pty Ltd Westadium Project Site Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taiyo Membrane Corporation Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 15 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taiyo Membrane Corporation P/L applied for the approval of the Taiyo Membrane Corporation Pty Ltd Westadium Project Site Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which had the authority to assess the agreement under the Fair Work Act 2009. The primary dispute centred around whether the proposed enterprise agreement met the legal criteria for approval, specifically focusing on its compliance with the 'better off overall test' and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the court involved determining if the agreement was genuinely negotiated and if it ensured that the employees were better off overall compared to their previous conditions. Additionally, the court had to consider whether the agreement provided for procedural fairness and if it adhered to the principles of good faith bargaining. The court also had to assess whether the agreement was in the public interest, particularly in terms of its potential impact on the broader workforce and the principles of industrial relations.

The Fair Work Commission found that the agreement was genuinely negotiated and satisfied the 'better off overall test'. The commission noted that the agreement included improvements in various aspects of employment, such as wages, leave provisions, and other benefits, ensuring that the employees were indeed better off overall. The commission also concluded that the agreement was procedurally fair and complied with the principles of good faith bargaining. Furthermore, the commission determined that the agreement was in the public interest, as it fostered a stable and productive working environment.

The final orders of the commission were to approve the Taiyo Membrane Corporation Pty Ltd Westadium Project Site Enterprise Agreement 2015, subject to the conditions outlined in the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe.

Taiyo Membrane Corporation P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established