Thomas & Betts Australasia Pty Ltd

[2013] FWCA 7346

FAIR WORK COMMISSION

DECISION

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

Thomas & Betts Australasia Pty Ltd
(AG2013/9325)

THOMAS & BETTS AUSTRALASIA PTY LTD (MANUFACTURING) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Thomas & Betts Australasia Pty Ltd (Manufacturing) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thomas & Betts Australasia Pty Ltd (Manufacturing) Enterprise Agreement 2013 (the 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 1 October 2013. The nominal expiry date of the Agreement is1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Thomas & Betts Australasia Pty Ltd (Manufacturing) Enterprise Agreement 2013. The parties involved were Thomas & Betts Australasia Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was made in the course of genuine and meaningful negotiations, whether it contained minimum terms as required by the Act, and if it was fair and reasonable in all its aspects. The court also had to consider whether the agreement was free from any unlawful content and if it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement had been made in the course of genuine and meaningful negotiations between the employer and the union. The court was satisfied that the agreement contained all the minimum terms required by the Act, and that it was fair and reasonable in all its aspects. The commission determined that there was no unlawful content in the agreement, and that it complied with all relevant provisions of the Fair Work Act. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the Thomas & Betts Australasia Pty Ltd (Manufacturing) Enterprise Agreement 2013, finding it to be in compliance with all legal requirements. The agreement was deemed to have been made in the course of genuine and meaningful negotiations, contained all the necessary minimum terms, and was fair and reasonable in all its aspects. The commission also found that there was no unlawful content in the agreement, and that it complied with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established