DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2019/4246)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES CURTIS ISLAND OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 4 DECEMBER 2019

Application for approval of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2019.

[1] Takwood Pty Ltd T/A Bellis Industrial Services (the Employer) has applied for approval of an enterprise agreement known as the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2019(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (AWU), being bargaining representative for the Agreement, and the nominated employee bargaining representative for the Agreement. The AWU wrote to my chambers and stated that it is comfortable with the Employer’s proposed undertakings. The employee bargaining representative did not provide his views on the Employer’s proposed undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Takwood Pty Ltd, trading as Bellis Industrial Services, applied to the Fair Work Commission for approval of the Curtis Island Operations and Maintenance Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for employees at the Curtis Island facility. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission 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 complied with the relevant provisions of the Fair Work Act. The Commission needed to determine whether the agreement was made in good faith and whether it provided for fair and reasonable terms that did not undermine the safety and health of employees.

The Fair Work Commission examined the provisions of the agreement, the process by which it was negotiated, and the evidence provided by the parties. The Commission found that the agreement was made in good faith, that it provided for fair and reasonable terms and conditions, and that it complied with all statutory requirements. The Commission took into account the need to balance the interests of both employers and employees, as well as the importance of maintaining safe and healthy workplaces.

The Fair Work Commission approved the Curtis Island Operations and Maintenance Enterprise Agreement 2019, finding that it met all the necessary requirements for approval. The agreement was therefore registered under the Fair Work Act, and will govern the employment conditions of the employees at the Curtis Island facility.

Takwood Pty Ltd T/A Bellis Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established