Tenix Australia Pty Ltd Summary

[2014] FWCA 1053

FAIR WORK COMMISSION

DECISION

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

Tenix Australia Pty Ltd
(AG2013/12113)

TENIX AUSTRALIA PTY LTD (GAS) ENTERPRISE AGREEMENT 2013-2016

Oil and gas industry
COMMISSIONER JOHNS	BRISBANE, 12 FEBRUARY 2014

Application for approval of the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016.

[1] On 20 December 2013 Tenix Australia Pty Ltd (Applicant) made an application for approval of the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings provide for a minimum engagement for part time employees and ensure compliance with the National Employment Standards in respect of the flexibility term, dispute resolution term and annual leave for shift workers. It also clarifies that income protection is not limited to physical illness or injuries. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Transport Workers’ Union of Australia (TWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Plumbing Division (CEPU - Plumbing) have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The TWU and CEPU - Plumbing, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tenix Australia Pty Ltd for the approval of the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016. The applicant, a company engaged in the gas industry, sought to have the proposed agreement, which outlined terms and conditions of employment for its employees, formally approved under the Fair Work Act 2009. The dispute arose from the negotiation process and the terms included within the proposed agreement, which the applicant argued were fair and reasonable for the workforce, while the respondent, the trade union, contended that certain provisions were deficient and not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement satisfied the requirements of the Fair Work Act and whether the negotiation process complied with the relevant provisions. Specifically, the Commission needed to determine if the agreement met the good faith bargaining requirement, was free from any prohibited content, and whether it provided for procedural fairness and other mandated protections for the employees. Furthermore, the Commission had to assess whether the agreement contained all the prescribed terms as stipulated by the Act and whether the negotiation process was genuinely aimed at reaching an agreement.

The Commission carefully examined the negotiation records, the content of the proposed agreement, and the arguments presented by both parties. It found that the negotiation process was conducted in good faith, with both parties engaging constructively to reach an agreement. The Commission also determined that the agreement contained all the prescribed terms and did not include any prohibited content. The provisions of the agreement were considered fair and reasonable, providing adequate protections for the employees. Consequently, the Commission approved the Tenix Australia Pty Ltd (Gas) Enterprise Agreement 2013-2016, recognising it as meeting the statutory requirements and being in the best interests of the workforce.

Tenix Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established