DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temco Australia Pty Ltd
(AG2021/4279)

TEMCO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 APRIL 2021

Application for approval of the Temco Australia Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Temco Australia Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temco Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temco Australia Pty Ltd sought approval for its Enterprise Agreement 2020-2024 under section 230 of the Fair Work Act 2009. The applicant argued that the agreement, which covers employees in the automotive industry, met the necessary requirements for approval. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Act.

The central issue was whether the enterprise agreement appropriately covered the employees and whether it complied with the good faith bargaining requirement. Specifically, the commission had to assess if the agreement was made in good faith and if it adhered to the relevant provisions of the Fair Work Act, including the unfair dismissal provisions. The applicants contended that the agreement was fairly negotiated and contained appropriate terms and conditions for the employees.

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements for approval. The commission concluded that the agreement covered all relevant employees and that the applicants had provided sufficient evidence of genuine bargaining. The commission noted that the agreement contained appropriate provisions for the employees and that it did not contravene any provisions of the Fair Work Act. Accordingly, the commission approved the enterprise agreement.

The Fair Work Commission approved the Temco Australia Pty Ltd Enterprise Agreement 2020-2024, finding that it was made in good faith and complied with the requirements of the Fair Work Act. The commission's decision provides guidance to employers and employees on the requirements for approving an enterprise agreement.

Temco Australia 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