Tieman Industries Pty Ltd

[2014] FWCA 8248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tieman Industries Pty Ltd
(AG2014/9815)

TIEMAN INDUSTRIES PTY LTD/AMWU VICTORIAN SERVICE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Tieman Industries Pty Ltd/AMWU Victorian Service Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tieman Industries Pty Ltd/AMWU Victorian Service Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tieman Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clauses 6 and 10 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the bargaining representative, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), with respect to the undertaking.

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

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The AMWU has given notice under s.183 of the Act that they want the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 26 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Tieman Industries Pty Ltd recently applied to the Fair Work Commission for approval of its 2014 Victorian Service Agreement with the Australian Manufacturing Workers' Union. The application involved a complex set of negotiations between the employer and the union, centred on the terms and conditions of employment for the workforce. The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly regarding its compliance with the 'better off overall test' and whether it met the requirements of a 'modern award.' The Commission needed to ensure the agreement did not disadvantage employees, provided fair terms and conditions, and aligned with broader industrial objectives.

In considering these issues, the Commission examined the details of the agreement, including wage rates, working conditions, and other employment terms. The Commission assessed whether the proposed agreement provided employees with benefits that were at least as good as those under the relevant modern award. It also considered whether the agreement met the criteria for being deemed a'modern award,' which is a legally binding agreement that can be registered by the Commission. The Commission reviewed submissions from both Tieman Industries and the AMWU, as well as any other relevant evidence and arguments presented.

The Commission found that the agreement met the necessary standards under the Fair Work Act. It concluded that the agreement was compliant with the better off overall test and met the criteria for a modern award. The Commission approved the agreement, noting the benefits it provided to employees, including fair wages and conditions, and its alignment with industrial objectives. This decision was based on a thorough analysis of the evidence and arguments presented during the proceedings. The final orders confirmed the approval of the agreement, allowing it to be registered and enforceable as a modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established