[2015] FWCA 2767

The attached document replaces the document previously issued with the above code on 22 April 2015.

The second page of the undertaking has now been included.

Associate to Commissioner

22 APRIL 2015

[2015] FWCA 2767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talison Services Pty Ltd T/A Talison Lithium Pty Ltd
(AG2015/802)

TALISON SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2015

Application for approval of the Talison Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Talison Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Talison Services Pty Ltd T/A Talison Lithium Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 22 April 2015 and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 28 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Talison Services Pty Ltd T/A Talison Lithium Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement. The primary concern was whether the agreement adequately met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the court was required to decide included whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the procedural requirements for approval under the Fair Work Act. The court had to consider the balance between the interests of the employees, represented by the Australian Council of Trade Unions, and the interests of the employer, Talison Services Pty Ltd. The court also needed to assess if the agreement met the direct action test, which ensures that the agreement would not have the effect of undermining any existing industrial awards or agreements.

The court determined that the proposed enterprise agreement was fair and reasonable in all its terms. It found that the agreement provided for appropriate protections and benefits for employees, while also considering the commercial interests of the employer. The court concluded that the agreement complied with the direct action test and did not undermine any existing industrial awards or agreements. Consequently, the court approved the Enterprise Agreement 2014, allowing it to come into effect. This decision ensured that the terms of employment were legally sound and balanced the interests of both parties involved.

Talison Services Pty Ltd T/A Talison Lithium Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established