DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ThyssenKrupp Industrial Solutions (Australia) Pty Ltd
(AG2015/303)

THYSSENKRUPP INDUSTRIAL SOLUTIONS (AUSTRALIA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 MARCH 2015

Application for approval of the ThyssenKrupp Industrial Solutions (Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ThyssenKrupp Industrial Solutions (Australia) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ThyssenKrupp Industrial Solutions (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 10 March 2015 and, in accordance with s.54, will operate from 17 March 2015. The nominal expiry date of the Agreement is 10 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ThyssenKrupp Industrial Solutions (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the ThyssenKrupp Industrial Solutions (Australia) Enterprise Agreement 2015. The application was made by the employer, ThyssenKrupp Industrial Solutions (Australia) Pty Ltd, and the relevant union, the Australian Manufacturing Workers’ Union, who had negotiated the agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement satisfied the procedural and substantive fairness requirements set forth in the Fair Work Act. Procedurally, the Commission needed to assess whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Act, including the mandatory terms and the good faith bargaining obligations. Substantively, the Commission had to determine if the agreement contained provisions that were fair and reasonable in all the circumstances, considering factors such as the nature of the industry, the bargaining positions of the parties, and the likely impact of the agreement on the employees.

The Fair Work Commission found that the agreement had been genuinely negotiated and met all procedural requirements. It held that the agreement contained terms that were fair and reasonable, taking into account the industry context, the bargaining positions of the parties, and the overall impact on employees. The Commission was satisfied that the agreement provided for appropriate protections and benefits for employees, and that it did not contain any provisions that would be detrimental to the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the ThyssenKrupp Industrial Solutions (Australia) Enterprise Agreement 2015, finding that it was fairly negotiated and contained terms that were fair and reasonable. The agreement was approved in its entirety, and it now forms the basis for the employment conditions of the employees covered by the agreement.

ThyssenKrupp Industrial Solutions (Australia) Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established