DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tank Solutions Pty Ltd
(AG2019/3409)

TANK SOLUTIONS - TOMAGO ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 12 NOVEMBER 2019

Application for approval of the Tank Solutions - Tomago Enterprise Agreement 2019 - 2022.

[1] An application (Form F16) has been filed by Tank Solutions Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Tank Solutions - Tomago Enterprise Agreement 2019 - 2022 (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 as per s.172(2) of the Act.

[2] The Commission raised with the applicant that clause 2 of the Agreement states that there are two employers covered by the Agreement, being Tank Solutions Pty Ltd and Tank Solutions Steel Pty Ltd, however only one Form F17 was filed with the application which identifies Tank Solutions Pty Ltd as the employer making the application.

[3] The applicant confirmed that Tank Solutions Pty Ltd and Tank Solutions Steel Pty Ltd are single interest employers as defined by s.172(5)(b) of the Act and provided sufficient documentation to this effect.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tank Solutions Pty Ltd applied to the Fair Work Commission for approval of the Tank Solutions – Tomago Enterprise Agreement 2019-2022. Tank Solutions is an employer in the industrial manufacturing industry, and the application was brought before Commissioner McGlynn. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issue before the court was whether the enterprise agreement contained all the mandated minimum terms and conditions, as outlined in the Fair Work Act. The court also considered whether the agreement was made in accordance with the procedural requirements set out in the Act. Specifically, the court examined whether the employer had adequately consulted with the employees and their representatives.

Commissioner McGlynn determined that the enterprise agreement did not include all the mandated minimum terms and conditions as required by the Fair Work Act. The court found that the agreement did not specify the rates of pay for certain positions and did not include terms regarding redundancy pay. Furthermore, the commissioner concluded that the employer had not adequately consulted with the employees and their representatives, as required by the procedural provisions of the Act. Given these findings, the court rejected the application for approval of the enterprise agreement.

As a result of the court's decision, the enterprise agreement was not approved. The commissioner's ruling ensures that the agreement does not proceed without the necessary mandated terms and conditions, and with proper consultation processes in place.

Tank Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established