Takwood Pty Ltd T/A Takwood Pty Ltd

[2024] FWCA 3033

[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

1. 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.

1. 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.

1. The Notice of Employee Representations Rights that was distributed to the employees appears to be an out-of-date version.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.

1. 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.

1. 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.

1. 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

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