Tieman Industries

[2014] FWCA 6342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tieman Industries
(AG2014/8747)

TIEMAN INDUSTRIES PTY LTD/AWU - NEW SOUTH WALES WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for the approval of the Tieman Industries Pty Ltd/AWU - New South Wales Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tieman Industries Pty Ltd/AWU - New South Wales Workplace Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Tieman Industries. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tieman Industries Pty Ltd and the Australian Workers Union - New South Wales, where the latter sought approval for a workplace agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which is tasked with resolving disputes related to employment and workplace relations in Australia. The Union sought the approval of a new enterprise agreement, aiming to replace the existing one that had expired. Tieman Industries opposed the approval, arguing that the proposed agreement contained provisions that were not in line with the requirements of the Fair Work Act.

The central legal issue before the Commission was whether the proposed workplace agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, if it complied with the provisions of the Act, and if it provided for the resolution of issues without resorting to industrial action. The Union argued that the agreement was fair and reasonable, while Tieman Industries contended that certain clauses were problematic and did not meet the statutory requirements.

The Fair Work Commission examined the proposed agreement clause by clause, focusing on the obligations and rights it established for both parties. The Commission found that while most of the agreement was in line with the requirements of the Act, some provisions did not meet the standards for genuineness and fairness. These included clauses that allowed for unilateral changes to employees' conditions and did not adequately provide for dispute resolution. Consequently, the Commission rejected the application for approval of the agreement, citing the non-compliance of specific clauses with the Fair Work Act.

Following the decision, the Fair Work Commission ordered that the proposed agreement could not be approved in its current form. The Union and Tieman Industries were directed to return to the negotiation table to address the issues identified by the Commission and to draft a new agreement that complied with all statutory requirements. The Commission did not provide further guidance on the specifics of the redrafted agreement but indicated that it would review any new application in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established