DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tecalemit Pty Ltd
(AG2018/4766)

TECALEMIT PTY LTD UNION COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 31 JANUARY 2019

Application for approval of the Tecalemit Pty Ltd Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tecalemit Pty Ltd Union Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tecalemit Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 December 2018.

[3] On 10 January 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 January 2019. The undertaking deals with the following topics:

• In relation to clause 31.4, for the purposes of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shift worker is a seven day shift worker who is regularly rostered to work on Sundays and public holidays.

• For the purpose of clause 31 of the Agreement, annual leave accrues progressively.

• The definition of immediate family members for the purpose of clause 34 of the Agreement, has been varied consistent with the National Employment Standards (NES).

•

• Personal/carers leave will accrue progressively.

• Parental leave will be provided in accordance with the NES.

• For the purpose of clause 22, the Employer does not currently employ trainees and will never employ trainees.

• The Employer adopts the following definition of a casual employee:

“A casual employee does not have a firm commitment in advance from an employer about how long they will be employed for, or the days (or hours) they will work. A casual employee also does not commit to all work an employer might offer.

A casual employee:

has no guaranteed hours of work

usually works irregular hours

doesn't get paid sick or annual leave

can end employment without notice, unless notice is required by a registered agreement, award or employment contract.”

• The reference to clause 40.5 contained in clause 30.9 shall be read as 39.5.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Tecalemit Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Tecalemit Pty Ltd Union Collective Agreement 2018. The Australian Manufacturing Workers' Union, representing employees, supported the application. The nature of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically section 234, which sets out the criteria for approval of a union agreement.

The legal issues before the Commission involved whether the agreement provided for a fair and efficient system for resolving employee grievances and disputes, as well as ensuring procedural fairness in the disciplinary process. The Commission examined the agreement's provisions regarding the handling of grievances and disciplinary matters to determine if they met the legislative standards. Additionally, the Commission assessed whether the agreement contained adequate mechanisms for the resolution of disputes, ensuring that it did not disadvantage any party by excluding or limiting the application of the Fair Work Act.

The Fair Work Commission found that the agreement contained provisions that were fair and efficient for the resolution of employee grievances and disputes. The Commission noted that the agreement provided for a two-step grievance procedure, which allowed for the escalation of unresolved issues to a higher level of management. Furthermore, the Commission was satisfied that the agreement contained adequate mechanisms for the resolution of disputes, including the option for arbitration. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and approved the Tecalemit Pty Ltd Union Collective Agreement 2018. The final orders were that the agreement be approved as a registered agreement under the Fair Work Act.

Tecalemit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established