Temco Australia Pty Ltd

[2013] FWCA 10080

FAIR WORK COMMISSION

DECISION

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

Temco Australia Pty Ltd
(AG2013/10295)

TEMCO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013 -2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Temco Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Temco Australia Pty Ltd Enterprise Agreement 2013 - 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 19 December 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 December 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temco Australia Pty Ltd sought approval for its Enterprise Agreement 2013-2017 from the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the public interest and whether it provided for fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the terms and conditions of employment in the proposed enterprise agreement were fair and reasonable. This involved assessing whether the agreement met the requirements of section 234 of the Fair Work Act, which requires that an agreement provides for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of section 235 of the Act, which requires that the agreement is in the public interest.

In determining these issues, the Commission considered the overall balance of the agreement, the nature of the bargaining process, and the views of the parties involved. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the public interest. The Commission noted that the agreement provided for a balanced outcome for both employers and employees, and that it had been negotiated in good faith. The Commission also considered the views of the parties involved, including the union's opposition to the agreement, and found that the agreement was not unreasonable or unfair.

As a result of this decision, the Fair Work Commission approved the Temco Australia Pty Ltd Enterprise Agreement 2013-2017. The agreement now provides the terms and conditions of employment for employees covered by the agreement, subject to any variations or modifications that may be made in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established