DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Tri Tech Refrigeration Services Unit Trust T/A Tri Tech Refrigeration Services Pty Ltd
(AG2019/3426)

AMWU AND TECH REFRIGERATION SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the AMWU and Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Tri Tech Refrigeration Services Unit Trust T/A Tri Tech Refrigeration Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Australian Manufacturing Workers' Union (AMWU) and Tech Refrigeration Services Pty Ltd for the approval of the Metals Labour Hire Agreement 2019-2023. The agreement, which aimed to regulate the employment conditions of workers hired by Tech Refrigeration Services through the AMWU, was submitted for approval under the Fair Work Act 2009. The parties sought to have the agreement registered to ensure it met the necessary legal standards and provided a fair framework for the employment of workers in the metals industry.

The primary legal issues the court needed to address were whether the proposed agreement contained terms that were consistent with the provisions of the Fair Work Act, including whether it provided adequate protections for employees, and whether it complied with the principles of good faith bargaining. The court also had to consider if the agreement was in the best interests of the employees and if it would promote fair and efficient industrial relations practices.

In delivering its decision, the court examined the terms of the agreement in detail. The court found that the agreement contained provisions that were generally consistent with the Fair Work Act and provided adequate protections for the employees. It was determined that the agreement was the product of good faith bargaining and was in the best interests of the employees. The court was satisfied that the agreement would promote fair and efficient industrial relations practices and would provide a fair framework for the employment of workers in the metals industry.

The court approved the Metals Labour Hire Agreement 2019-2023, allowing it to be registered and enforced. This decision provided certainty and stability for the employees, employers, and the union, ensuring that the agreement would serve as a fair and effective framework for the employment of workers in the metals industry.

The Trustee for Tri Tech Refrigeration Services Unit Trust T/A Tri Tech Refrigeration Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established