Takwood Pty Ltd T/A Takwood Pty Ltd

[2024] FWCA 3033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Takwood Pty Ltd T/A Takwood Pty Ltd

(AG2024/2917)

APPLICATION FOR APPROVAL OF THE TAKWOOD PTY LTD CURTIS ISLAND OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 AUGUST 2024

Application for approval of the Takwood Pty Ltd Curtis Island Operations and Maintenance Enterprise Agreement 2024

Takwood Pty Ltd T/A Takwood Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Takwood Pty Ltd Curtis Island Operations and Maintenance Enterprise Agreement 2024 (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.

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 Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 April 2024 and the Agreement was made on 18 July 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Notice of Employee Representations Rights that was distributed to the employees appears to be an out-of-date version. However, pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

I have taken into consideration the material filed in the Commission. 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, having regard to what I have said in [3] above. 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.

The Australian Workers Union (AWU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU and AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 20 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Takwood Pty Ltd, which sought approval for the Curtis Island Operations and Maintenance Enterprise Agreement 2024. The application was made to the Fair Work Commission, which was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement provided fair and reasonable terms and conditions for employees, including provisions relating to wages, hours of work, and dispute resolution mechanisms.

The legal issues the court had to decide involved whether the agreement contained all the mandatory terms and conditions required by the Fair Work Act. These included determining if the agreement addressed minimum wage rates, penalty rates, leave provisions, and dispute resolution processes in a manner that complied with legislative requirements. The court also needed to consider if the agreement had been fairly and genuinely negotiated and whether it was likely to promote harmonious, productive, and economic workplace relations.

In examining the agreement, the Fair Work Commission found that it contained all the necessary mandatory terms and conditions as required by the Fair Work Act. The commission assessed the agreement's provisions and concluded that they provided fair and reasonable terms for employees. The commission determined that the agreement had been genuinely negotiated between Takwood Pty Ltd and the relevant employee representatives, and it was likely to promote harmonious, productive, and economic workplace relations. Based on these findings, the commission approved the agreement.

The Fair Work Commission approved the Curtis Island Operations and Maintenance Enterprise Agreement 2024, determining that it met all the statutory requirements for approval. The court found that the agreement provided fair and reasonable terms and conditions for employees and was genuinely negotiated, thus promoting harmonious workplace relations. The agreement was deemed to be in compliance with the Fair Work Act and was approved accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established