Takwood Pty Ltd Summary

[2016] FWCA 2487

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Takwood Pty Ltd t/a Bellis Industrial Services

(AG2016/2626)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES GORGON

PROJECT BARROW ISLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 19 APRIL 2016

Application for approval of the Takwood Pty Ltd t/a Bellis Industrial Services Gorgon Project

Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Takwood Pty Ltd t/a Bellis Industrial Services Gorgon Project Barrow Island Enterprise

Agreement 2016 (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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) 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.
[2016] FWCA 2487

[4] The Agreement was approved on 19 April 2016 and, in accordance with s.54, will

operate from 26 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Takwood Pty Ltd, trading as Bellis Industrial Services, applied for the approval of their Gorgon Project Barrow Island Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement that was proposed to cover a specific group of employees rather than all of the company's employees. The Australian Manufacturing Workers’ Union, an authorised bargaining representative, also sought to have the agreement cover its members.

The court had to determine whether the requirements of sections 186, 187, and 188 of the Act were satisfied. It also had to consider if the group of employees covered by the agreement was fairly chosen, taking into account the relevant factors under section 186(3) and (3A). Additionally, the court had to verify that the agreement covered the organisation as required by section 201(2) of the Act.

The court found that all the necessary requirements had been met, and the group of employees covered by the agreement was fairly chosen. The agreement was approved by the commissioner on 19 April 2016 and was set to operate from 26 April 2016, with a nominal expiry date of 31 December 2017.

Takwood Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established