DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tankweld Installations Pty Ltd T/A Tankweld Installations
(AG2018/2177)

TANKWELD INSTALLATIONS PTY LTD (MELBOURNE WATER CORPORATION CAPITAL WORKS) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the Tankweld Installations Pty Ltd (Melbourne Water Corporation Capital Works) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tankweld Installations Pty Ltd (Melbourne Water Corporation Capital Works) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tankweld Installations Pty Ltd T/A Tankweld Installations. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 7 September 2018 and, in accordance with s.54, will operate from 14 September 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tankweld Installations Pty Ltd, trading as Tankweld Installations, sought approval of its Enterprise Agreement 2018 with Melbourne Water Corporation. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval, which includes ensuring it provides for fair and reasonable terms and conditions, promotes simplification, and does not undermine the operation of the Fair Work Act. This application arose as part of the procedural requirements under the Fair Work Act 2009, where enterprise agreements must be approved by the Commission before they can be registered and enforced.

The primary legal issue before the Commission was whether the Enterprise Agreement 2018 contained terms that were fair and reasonable and did not undermine the operation of the Fair Work Act. The Commission examined various aspects of the agreement, including wages, penalty rates, leave provisions, and other employment conditions, to ensure they adhered to the statutory framework. The Commission also had to consider whether the agreement met the requirements for simplification and avoided any provisions that might be seen as undermining the Fair Work Act.

The Commission found that the Enterprise Agreement 2018 met the statutory criteria for approval. It confirmed that the agreement provided for fair and reasonable terms and conditions for employees and did not contain any provisions that undermined the Fair Work Act. The Commission highlighted that the agreement included appropriate wage rates, leave entitlements, and other employment conditions that were in line with the standards set by the Act. Additionally, the agreement was deemed to contribute to simplification in the workplace by reducing complexity and improving clarity in the terms of employment.

The Fair Work Commission approved the Enterprise Agreement 2018, allowing it to be registered and enforced. The decision confirmed that the agreement provided for fair and reasonable terms and conditions and did not undermine the operation of the Fair Work Act. The approval paved the way for the agreement to be implemented between Tankweld Installations and its employees, ensuring that the terms of employment were legally sound and compliant with the statutory requirements.

Tankweld Installations Pty Ltd T/A Tankweld Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established