Tank Solutions Pty Ltd Summary

[2023] FWCA 1204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tank Solutions Pty Ltd

(AG2023/927)

TANK SOLUTIONS – TOMAGO ENTERPRISE AGREEMENT 2023 – 2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 27 APRIL 2023

Application for approval of the Tank Solutions – Tomago Enterprise Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the Tank Solutions – Tomago Enterprise Agreement 2023 – 2026 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 4 May 2023. The nominal expiry date of the Agreement is 27 April 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tank Solutions Pty Ltd recently came before the Fair Work Commission in an application to approve the Tank Solutions – Tomago Enterprise Agreement 2023 – 2026. The applicant, Tank Solutions Pty Ltd, sought approval of the proposed agreement between the employer and the employees, with the Fair Work Commission holding the jurisdiction to decide on the matter.

The legal issues the court needed to determine involved whether the proposed enterprise agreement met the necessary conditions under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it was procedurally sound. Additionally, the court examined whether the agreement complied with the procedural fairness requirements, ensuring that the employees had a reasonable opportunity to be involved in the negotiation process.

In delivering its decision, the Fair Work Commission carefully analysed the provisions of the agreement, taking into account the submissions from both parties. The court found that the agreement satisfied the good faith requirement and contained the necessary minimum terms and conditions. It was also determined that the agreement was procedurally sound, as the employer had provided employees with a reasonable opportunity to be involved in the negotiation process. Based on these findings, the court approved the Tank Solutions – Tomago Enterprise Agreement 2023 – 2026, recognising it as a valid and enforceable enterprise agreement.

The Fair Work Commission's approval of the Tank Solutions – Tomago Enterprise Agreement 2023 – 2026 signifies that the proposed agreement now legally binds the employer and the employees for the specified period. This decision ensures that the terms and conditions outlined in the agreement are enforceable, providing a framework for the employment relationship between the parties.

Tank Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established