DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tank Solutions Pty Ltd
(AG2016/6954)

TANK SOLUTIONS - TOMAGO ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Tank Solutions - Tomago Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tank Solutions - Tomago Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tank Solutions Pty Ltd. 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 Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tank Solutions Pty Ltd was before the Fair Work Commission, with the matter involving an application for the approval of the Tank Solutions - Tomago Enterprise Agreement 2016-2019. This agreement was between Tank Solutions Pty Ltd, an employer in the manufacturing industry, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and substantive provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the minimum entitlements set out in the Act, and if it was made without coercion, undue influence, or discrimination. Additionally, the Commission had to consider if the agreement contained proper mechanisms for dispute resolution and if it was suitable for the workforce.

In its decision, the Fair Work Commission found that the Tank Solutions - Tomago Enterprise Agreement 2016-2019 complied with the necessary legal requirements. The Commission noted that the agreement was made in good faith, contained all the minimum entitlements as required by the Act, and did not exhibit any signs of coercion, undue influence, or discrimination. Furthermore, the agreement included appropriate dispute resolution mechanisms and was deemed suitable for the employees involved. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The Fair Work Commission ordered the approval of the Tank Solutions - Tomago Enterprise Agreement 2016-2019, effective from 1 April 2016 until 31 March 2019. The decision was made in light of the evidence presented, confirming that the agreement met all the necessary legal criteria for approval. The Commission's approval signified that the agreement was fair and reasonable for the employees covered by it, thereby providing a stable framework for industrial relations within the company during the specified period.

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