DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2021/256)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES GLADSTONE CURTIS ISLAND AND MAINTENANCE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 23 FEBRUARY 2021

Application for approval of the Takwood Pty Ltd t/a Bellis Industrial Services Gladstone Curtis Island and Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Takwood Pty Ltd t/a Bellis Industrial Services Gladstone Curtis Island and Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Takwood Pty Ltd T/A Bellis Industrial Services. 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.

[3] The Australian 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 30 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

Takwood Pty Ltd, trading as Bellis Industrial Services, applied for the approval of the Gladstone Curtis Island and Maintenance Enterprise Agreement 2021. The Fair Work Commission (FWC) was tasked with assessing the fairness of the proposed agreement and its compliance with the relevant legislative framework. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on various grounds, including the adequacy of provisions related to pay rates, working hours, and redundancy entitlements.

The primary legal issues before the FWC involved determining whether the agreement was genuinely negotiated, whether it was in the best interests of the employees, and whether it contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The FWC also needed to examine the fairness of specific clauses, particularly those relating to pay rates and conditions for different categories of employees. Additionally, the court had to consider the overall balance of the agreement in terms of its fairness and practicality.

In its decision, the FWC found that the proposed agreement was genuinely negotiated and contained all the required minimum terms and conditions. The commission acknowledged that while the union raised concerns about certain aspects of the agreement, the overall terms were fair and reasonable. The FWC emphasised that the agreement provided for a comprehensive set of pay rates and conditions that took into account the specific needs and circumstances of the employees. The FWC concluded that the agreement was in the best interests of the employees and granted the application for approval. The FWC also noted that the agreement would provide a stable and predictable work environment, which was beneficial for both the employer and the employees. The final orders of the FWC approved the Enterprise Agreement, paving the way for its implementation.

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