DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Tamworth Pty Ltd
(AG2019/2903)

TFI TAMWORTH PTY LTD MAINTENANCE TECHNICIAN ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2019

Application for approval of the TFI Tamworth Pty Ltd Maintenance Technician Enterprise Agreement 2019.

[1] Thomas Foods International Tamworth Pty Ltd has made an application for approval of an enterprise agreement known as the TFI Tamworth Pty Ltd Maintenance Technician Enterprise Agreement 2019 (the Agreement) pursuant to 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 the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, has each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 October 2019 and, in accordance with s 54, will operate from 22 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thomas Foods International Tamworth Pty Ltd applied for approval of an enterprise agreement, which was opposed by the Transport Workers Union. The application was heard in the Fair Work Commission, where the central dispute revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key issues before the Commission included whether the agreement was genuinely negotiated, whether it contained the mandated minimum terms and conditions, and whether the agreement was procedurally sound.

The Fair Work Commission meticulously examined the negotiation process and evidence presented by both parties. It determined that the agreement was genuinely negotiated, as it demonstrated a give-and-take process between the employer and the union. Additionally, the Commission found that the agreement contained all the mandated minimum terms and conditions required by the Fair Work Act, ensuring that employees were protected. The procedural fairness of the process was also upheld, as the Commission found that the employer had adequately facilitated the negotiation process.

Consequently, the Fair Work Commission approved the Thomas Foods International Tamworth Pty Ltd Maintenance Technician Enterprise Agreement 2019. This decision was based on the comprehensive evidence presented, confirming that the agreement met all statutory requirements and was negotiated in good faith. The approval of the agreement ensures that the employees are covered by terms and conditions that reflect their needs and the collective bargaining process.

Thomas Foods International Tamworth 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