Thompsons Productions Pty Ltd

[2023] FWCA 1221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thompsons Productions Pty Ltd

(AG2023/1010)

THOMPSONS PRODUCTIONS PTY LTD SERVICE AND REPAIRS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 APRIL 2023

Application for approval of the Thompsons Productions Pty Ltd Service and Repairs Enterprise Agreement 2023

Thompsons Productions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Thompsons Productions Pty Ltd Service and Repairs Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 28 April 2023 and, in accordance with s 54, will operate from 5 May 2023. The nominal expiry date of the Agreement is 2 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thompsons Productions Pty Ltd applied to the Fair Work Commission for approval of their proposed enterprise agreement. The proposed agreement, titled the Thompsons Productions Pty Ltd Service and Repairs Enterprise Agreement 2023, was to cover the employees of Thompsons Productions, a company engaged in the repair of machinery and equipment. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for approval, including whether it met the "no disadvantage test," whether it provided for fair and reasonable terms and conditions, and if it was certified as a bargain in good faith. The Commission also considered whether the agreement provided for appropriate protections for employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms.

In examining the agreement, the Commission found that it contained terms that were fair and reasonable and met the no disadvantaging test. The agreement provided for appropriate wage increases, leave entitlements, and dispute resolution mechanisms, and it was certified as a bargain in good faith. The Commission noted that the proposed agreement provided for a fair balance between the interests of the employer and employees. The Commission concluded that the proposed agreement met the criteria for approval and approved the Thompsons Productions Pty Ltd Service and Repairs Enterprise Agreement 2023.

The Commission made an order approving the Thompsons Productions Pty Ltd Service and Repairs Enterprise Agreement 2023, effective from the date of the Commission's decision. The approval was subject to the agreement being registered with the Fair Work Commission within the required timeframe. The Commission also directed that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all affected parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established