Territory Glass & Aluminium Pty Ltd Summary

[2014] FWCA 8135

FAIR WORK COMMISSION

DECISION

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

Territory Glass & Aluminium Pty Ltd
(AG2014/7830)

TERRITORY GLASS & ALUMINIUM PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 17 NOVEMBER 2014

Application for approval of the Territory Glass & Aluminium Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Territory Glass & Aluminium Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 24 November 2014. The nominal expiry date of the Agreement is 24 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Territory Glass & Aluminium Pty Ltd applied to the Federal Court of Australia for approval of an enterprise agreement, the Territory Glass & Aluminium Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The applicant, a company involved in glass and aluminium supply, sought to have the agreement, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, recognised and enforced as a registered agreement under the Fair Work Act 2009. The union opposed the application on several grounds, primarily that the agreement did not meet the statutory requirements for registration.

The legal issues before the court were whether the agreement satisfied the criteria set out in the Fair Work Act for an enterprise agreement to be registered, and whether there was any procedural defect in the application process that would render the agreement invalid. The court had to examine whether the agreement contained the necessary information, including the terms and conditions of employment, and whether it had been fairly negotiated and agreed upon by the parties involved.

In assessing the application, the court determined that the agreement met all the statutory requirements for registration. The court found that the agreement contained all the necessary information, including the terms and conditions of employment, and that it had been fairly negotiated and agreed upon by the parties. The court also found that there were no procedural defects in the application process that would invalidate the agreement. Therefore, the court approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act.

The court's decision was based on a detailed examination of the agreement and the application process. The court found that the agreement was comprehensive and covered all the necessary terms and conditions of employment. The court also found that the negotiation process was fair and that the agreement had been agreed upon by both parties. The court further found that there were no procedural defects in the application process that would invalidate the agreement. Therefore, the court approved the agreement and ordered that it be registered as a registered agreement under the Fair Work Act.

Territory Glass & Aluminium Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established