Tieman Industries Pty Ltd Summary

[2014] FWCA 3279

The attached document replaces the document previously issued with the above code on 16 May 2014.

Title of Agreement has been amended to include the word “Queensland”.

Associate to Senior Deputy President Drake

Dated: 16 May 2014

[2014] FWCA 3279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tieman Industries Pty Ltd
(AG2014/5620)

TIEMAN INDUSTRIES PTY LTD - QUEENSLAND WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 MAY 2014

Application for approval of the Tieman Industries Pty Ltd - Queensland Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tieman Industries Pty Ltd - Queensland 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 Pty Ltd. 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 Agreement is approved and, in accordance with s54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tieman Industries Pty Ltd applied for approval of the Tieman Industries Pty Ltd - Queensland Workplace Agreement 2014. The application was made by the employer in accordance with section 178 of the Fair Work Act 2009. The applicant, Tieman Industries, is an employer in the engineering, construction, and manufacturing industries, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, represents the employees. The dispute pertains to the terms and conditions of employment for certain employees, with the primary focus being on the classification, remuneration, and other employment terms outlined in the proposed workplace agreement.

The legal issues before the Commission involved determining whether the proposed workplace agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable outcome for the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the principles of enterprise flexibility and the broader context of the bargaining environment. The Commission also examined whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for the employees.

The Commission found that the proposed workplace agreement met the requirements of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions for the employees, taking into account the principles of enterprise flexibility and the broader context of the bargaining environment. The Commission noted that the agreement had been made in good faith and provided for a fair and reasonable outcome for the employees. The Commission was satisfied that the agreement provided for appropriate classification, remuneration, and other employment terms that were fair and reasonable in all the circumstances. Consequently, the Commission approved the Tieman Industries Pty Ltd - Queensland Workplace Agreement 2014.

Tieman Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established