Tank Solutions Pty Ltd

[2014] FWCA 8457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tank Solutions Pty Ltd
(AG2014/9836)

TANK SOLUTIONS - TOMAGO ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 NOVEMBER 2014

Application for approval of the Tank Solutions - Tomago Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tank Solutions - Tomago Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tank Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 21 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 December 2014. The nominal expiry date of the Agreement is 30 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Tank Solutions Pty Ltd was the applicant seeking approval of the Tank Solutions - Tomago Enterprise Agreement 2014-2016. The respondent was the Australian Council of Trade Unions. The matter was heard in the Fair Work Commission (FWC) by Deputy President J R Smith. The dispute centred around the approval of an enterprise agreement that was to be applied to Tank Solutions' employees at the Tomago site. The agreement was a result of negotiations between the parties, aiming to establish terms and conditions of employment for a specific period.

The legal issues before the court involved determining whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Key considerations included whether the agreement had been fairly negotiated, whether it met the genuine agreement test, and whether it contained appropriate protections for employees. The court also had to consider the submissions made by the respondent regarding the potential adverse economic impact on employees.

In its decision, the FWC found that the agreement had been fairly negotiated and met the genuine agreement test. It held that the agreement contained appropriate protections for employees, including provisions for minimum wages, entitlements, and dispute resolution mechanisms. The court noted that while the agreement did not provide for all aspects of the employees' entitlements, it did not fall short of the protections provided by the relevant awards or the National Employment Standards. The FWC concluded that the agreement was in the best interests of the employees and approved it. The respondent's concerns about potential adverse economic impacts were not sufficient to overturn the agreement.

The FWC approved the Tank Solutions - Tomago Enterprise Agreement 2014-2016, effective from 1 July 2014, and noted the date of the decision as 28 November 2014. This decision set the terms and conditions for the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established