Taylors Engineering and Welding Services

[2013] FWCA 604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taylors Engineering and Welding Services
(AG2012/13077)

TAYLOR’S ENGINEERING AND WELDING SERVICES AN3 PROJECT ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Taylor’s Engineering and Welding Services AN3 Project Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Taylor’s Engineering and Welding Services AN3 Project Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Taylors Engineering and Welding Services sought approval of their Enterprise Agreement 2012 before the Fair Work Commission. The application was made by the employer, and the union involved was the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, specifically focusing on issues raised by the union regarding the fairness and adequacy of the proposed terms. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and compliance with the principles of the Act.

The central legal issues before the Commission involved whether the proposed agreement was procedurally and substantively fair. Procedural fairness required that the agreement had been negotiated in good faith, with genuine consultation between the parties. Substantive fairness involved an assessment of whether the terms and conditions of the agreement were reasonable in all respects, taking into account the economic circumstances and the need to promote high levels of employment and industrial harmony. The Commission had to consider whether the proposed agreement provided fair and reasonable terms for the employees, and whether it was consistent with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement had been negotiated in good faith and that there had been genuine consultation between the parties. The Commission concluded that the proposed agreement was procedurally fair. In terms of substantive fairness, the Commission noted that the agreement provided for a range of terms and conditions that were considered fair and reasonable, taking into account the economic circumstances and the need to promote high levels of employment and industrial harmony. The Commission found that the proposed agreement was consistent with the principles of the Fair Work Act, and thus approved the application for the agreement. The agreement was deemed to be fair and reasonable in all respects, and the Commission made an order approving the Taylor’s Engineering and Welding Services AN3 Project Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established