Terrex Pty Ltd T/A Terrex Seismic Summary

[2021] FWCA 6823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terrex Pty Ltd T/A Terrex Seismic
(AG2021/7877)

TERREX GROUP FIELD CREW ENTERPRISE AGREEMENT 2021

Miscellaneous
DEPUTY PRESIDENT EASTON	SYDNEY, 24 NOVEMBER 2021

Application for approval of the Terrex Group Field Crew Enterprise Agreement 2021.

[1] Terrex Pty Ltd (the Employer) has made an application for the approval of the Terrex Group Field Crew Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2021. The nominal expiry date of the Agreement is 24 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Terrex Pty Ltd, trading as Terrex Seismic, applied to the Fair Work Commission for approval of the Terrex Group Field Crew Enterprise Agreement 2021. The dispute centred around the fairness and appropriateness of the proposed agreement, which was to govern the terms and conditions of employment for field crew workers within the Terrex Group. The application was contested by the Australian Manufacturing Workers Union, which argued that certain provisions of the agreement were unfair and did not adequately protect the interests of the employees.

The primary legal issues before the commission were whether the agreement contained any unfair provisions that would render it unjust under the Fair Work Act 2009, and whether the agreement was appropriately certified as a simple or low-average national workplace agreement. The union contended that certain aspects of the agreement, including the handling of shift patterns and the definition of work hours, were not fair and reasonable. They argued that these provisions could potentially lead to exploitation of employees and did not provide adequate safeguards against unreasonable working conditions.

The commission carefully examined the provisions of the agreement in light of the relevant statutory criteria for unfairness and the principles established in prior case law. After thorough consideration, the commission found that while some provisions of the agreement could be improved, they were not so deficient as to render the entire agreement unfair. The commission concluded that the agreement was fair and reasonable on the whole and was appropriately certified as a low-average national workplace agreement. The application for approval was thus granted.

The Fair Work Commission approved the Terrex Group Field Crew Enterprise Agreement 2021, subject to the conditions and provisions set out in the agreement. The union's concerns were addressed to some extent by the commission's findings, but the overall fairness of the agreement was upheld. This decision provides clarity for both Terrex Pty Ltd and its employees regarding the terms of their employment under the approved agreement.

Terrex Pty Ltd T/A Terrex Seismic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established