Tankweld Installations Pty Ltd Summary

[2022] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tankweld Installations Pty Ltd

(AG2022/770)

Tankweld Installations Enterprise Agreement 2021

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2022

Application for the approval of Tankweld Installations Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Tankweld Installations Enterprise Agreement 2021 (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. 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 as are relevant to this application for approval have been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 3.3.2 – Termination of Employment.
·   Clause 3.4.1(c) – Abandonment of Employment.
·   Clause 3.5.7 – Redundancy.
·   Clause 6.5.1(b) – Community Service Leave.

However, noting clause 1.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 28 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tankweld Installations Pty Ltd applied to the Fair Work Commission for the approval of the Tankweld Installations Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for employees covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the proper regulation of wages and other conditions of employment, and whether it included provisions for the protection of employees' rights and interests. The Commission also had to consider whether the agreement had been made in good faith and whether it complied with the requirements for direct employee representation.

After reviewing the application, the Fair Work Commission found that the Tankweld Installations Enterprise Agreement 2021 met the criteria for approval. The Commission was satisfied that the agreement provided for the proper regulation of wages and conditions, and that it included adequate provisions for the protection of employees' rights and interests. The Commission also found that the agreement had been made in good faith and complied with the requirements for direct employee representation. As a result, the Commission approved the agreement.

The Fair Work Commission's approval of the Tankweld Installations Enterprise Agreement 2021 is a significant decision for employers and employees in the industry. The Commission's decision sets a precedent for future enterprise agreements in the sector, and provides clarity on the requirements for approval under the Fair Work Act.

Tankweld Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established