The Thistle Fabrication Unit Trust T/A Thistle Fabrication Pty Ltd

[2024] FWCA 2101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Thistle Fabrication Unit Trust T/A Thistle Fabrication Pty Ltd

(AG2024/1651)

THISTLE FABRICATION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JUNE 2024

Application for approval of the Thistle Fabrication Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Thistle Fabrication Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Thistle Fabrication Unit Trust T/A Thistle Fabrication Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 14 June 2024. The nominal expiry date of the Agreement is 6 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are The Thistle Fabrication Unit Trust, trading as Thistle Fabrication Pty Ltd, and the relevant union. The dispute before the court is regarding the application for approval of the Thistle Fabrication Enterprise Agreement 2023. This case was heard in the Fair Work Commission, which has the jurisdiction to approve and register enterprise agreements under the Fair Work Act 2009.

The legal issues that the court was required to decide included whether the agreement was made in good faith, whether the agreement met the requirements of the Fair Work Act, and whether the agreement was fair and reasonable. Additionally, the court needed to determine whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The Commission approved the Thistle Fabrication Enterprise Agreement 2023 and registered it accordingly.

The final orders of the court were that the Thistle Fabrication Enterprise Agreement 2023 be approved and registered under the Fair Work Act. The agreement will now apply to the employees of Thistle Fabrication Pty Ltd and the relevant union, and will remain in effect until such time as it is terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established