DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2015/6016)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES CURTIS ISLAND OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015 (Agreement). The application was made by Takwood Pty Ltd T/A Bellis Industrial Services pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union and that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Takwood Pty Ltd trading as Bellis Industrial Services and the Australian Building and Construction Commission (ABCC). The dispute centred on the application for the approval of the Curtis Island Operations and Maintenance Enterprise Agreement 2015. The Fair Work Commission was the tribunal tasked with hearing the matter.

The primary legal issue the court had to address was whether the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The court also needed to consider whether the agreement complied with the provisions of the Building and Construction Industry (General) Enterprise Agreement 2014, which served as a benchmark for the agreement.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained terms and conditions that were fair and reasonable. The agreement provided for a suitable framework for the employment of workers at the Curtis Island Operations and Maintenance site. The court also determined that the agreement complied with the Building and Construction Industry (General) Enterprise Agreement 2014. Consequently, the Commission approved the application for the enterprise agreement to come into effect.

The final orders of the Fair Work Commission were that the Curtis Island Operations and Maintenance Enterprise Agreement 2015 was approved and registered. The agreement would then apply to the employees covered by its terms, providing them with a legally binding framework for their employment conditions.

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