DECISION

Fair Work Act 2009
s.185—Enterprise agreement

thyssenkrupp Industrial Solutions (Australia) Pty Ltd
(AG2020/1492)

THYSSENKRUPP INDUSTRIAL SOLUTIONS (AUSTRALIA) ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER WILLIAMS	PERTH, 15 JUNE 2020

Application for approval of the thyssenkrupp Industrial Solutions (Australia) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the thyssenkrupp Industrial Solutions (Australia) Enterprise Agreement 2020 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2020. The nominal expiry date of the Agreement is 14 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved thyssenkrupp Industrial Solutions (Australia) Pty Ltd, seeking approval for their Enterprise Agreement 2020. The dispute centred around whether the proposed terms and conditions within the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the criteria for approval under the legislative framework governing enterprise agreements.

The legal issues before the Commission involved assessing whether the agreement contained the necessary minimum terms and conditions, including the provision of minimum rates of pay, leave entitlements, and other protections as stipulated by the Act. Furthermore, the Commission had to ensure that the agreement did not adversely affect employees’ job security and that it provided a pathway for genuine bargaining. The consideration of submissions from relevant parties, including employee representatives and the employer, was integral to the decision-making process.

The Fair Work Commission found that the thyssenkrupp Industrial Solutions (Australia) Enterprise Agreement 2020 did not fully comply with the statutory requirements. The agreement lacked specific provisions for minimum rates of pay and did not adequately address certain leave entitlements. Additionally, the Commission noted that the agreement did not sufficiently protect employees' job security, which was a critical factor in determining its approval. Consequently, the Commission refused to approve the agreement, citing these deficiencies.

The final orders of the Commission mandated that thyssenkrupp Industrial Solutions (Australia) Pty Ltd revise their Enterprise Agreement to incorporate the necessary minimum terms and conditions as required by the Fair Work Act 2009. The company was directed to resubmit the amended agreement for approval, ensuring it met all statutory requirements and provided for the adequate protection of employees' rights.

thyssenkrupp Industrial Solutions (Australia) 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