DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tecoma Pty Ltd
(AG2015/2162)

TECOMA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 APRIL 2015

Application for approval of the Tecoma Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tecoma Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tecoma Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“1) The nominal expiry date of the Agreement is intended to be four years from the date of approval.

2) Any alternative arrangement entered into with the employees pursuant to clause 18.1 (b) of the Agreement will be equivalent to, or greater than, the amounts allowed for pursuant to clause 24.3 of the Building and Construction General On-Site Award 2010.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tecoma Pty Ltd, a company operating in the manufacturing sector, sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement was intended to govern the employment terms of the company's workforce, and it was contested by the Australian Manufacturing Workers Union, which represented a subset of the employees. The Fair Work Commission was tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for the fair and efficient resolution of workplace disputes and whether it complied with the provisions of the Fair Work Act. This included assessing whether the agreement contained all the 'protected action' terms, whether it had been genuinely agreed upon by both parties, and whether it included provisions for the protection of employees' rights and entitlements.

In delivering its decision, the Commission considered the provisions of the proposed agreement against the legislative framework. It found that the agreement provided for an appropriate framework for the resolution of workplace disputes and was in line with the statutory requirements. The Commission was satisfied that the agreement had been genuinely negotiated and agreed upon by the parties. It also determined that the agreement included adequate protections for employees' rights and entitlements, ensuring that it was fair and compliant with the Act. Consequently, the Commission approved the Tecoma Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met all statutory requirements and provided a fair and efficient mechanism for resolving workplace disputes. The Commission's approval was contingent on the agreement being implemented in good faith by both parties.

Tecoma 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