Tenix Australia Pty Ltd

[2013] FWCA 7923

FAIR WORK COMMISSION

DECISION

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

Tenix Australia Pty Ltd
(AG2013/2924)

TENIX AUSTRALIA MACKAY AND WHITSUNDAYS ENTERPRISE AGREEMENT 2013-2016

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 11 OCTOBER 2013

Application for approval of the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Tenix Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union, 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), I note that the Agreement covers the Australian Workers’ Union.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Employer. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Tenix Australia Pty Ltd and a number of its employees represented by the Australian Manufacturing Workers’ Union. The dispute centred on the application for the approval of the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016. The crux of the matter lay in the process and substance of the agreement reached between the employer and the union, focusing on whether it complied with the statutory requirements under the Fair Work Act 2009.

The legal issues the Commission had to address included whether the agreement was genuinely bargained between the parties, whether it included appropriate terms and conditions, and whether it met the statutory requirements for registration. The Commission also had to consider whether the process leading to the agreement's formation was fair and whether the employees had adequate opportunity to be involved in the bargaining process. Furthermore, the Commission needed to determine if the agreement included appropriate dispute resolution mechanisms and whether it provided for the protection of employees' rights.

In rendering its decision, the Commission examined the evidence provided by both parties. It assessed the process of negotiation, the transparency of the agreement, and the inclusion of terms that were fair and reasonable. The Commission concluded that the agreement was genuinely negotiated between the parties and that it contained appropriate terms and conditions that complied with the statutory requirements. The Commission found that the process leading to the agreement was fair and that employees had ample opportunity to participate in the negotiation. The agreement was deemed to include adequate dispute resolution mechanisms and provisions for the protection of employees' rights. Consequently, the Commission approved the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Tenix Australia Mackay and Whitsundays Enterprise Agreement 2013-2016, finding it to be genuinely negotiated, fair, and compliant with the statutory requirements of the Fair Work Act 2009. The Commission's decision was based on thorough examination of the evidence and consideration of the process and substance of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established