Tieman Industries Pty Ltd

[2014] FWCA 2222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tieman Industries Pty Ltd
(AG2014/5126)

TIEMAN INDUSTRIES PTY LTD - SOUTH AUSTRALIA WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 APRIL 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Tieman Industries Pty Ltd- South Australia Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 15 April 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, the applicant Tieman Industries Pty Ltd sought approval of a workplace agreement with their employees in South Australia. The dispute arose from the negotiation of a workplace agreement under the Fair Work Act 2009, which aims to facilitate flexible and efficient workplace arrangements. The agreement in question, the Tieman Industries Pty Ltd- South Australia Workplace Agreement 2014, was designed to establish the terms and conditions of employment for the employees covered by the agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions. The Commission considered the process of negotiation, the content of the agreement, and the fairness of the terms and conditions. The Commission also considered submissions from the parties and any relevant evidence.

The Commission found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the applicant had engaged in a genuine process of negotiation with the employees' representatives and that the agreement reflected the outcome of that negotiation. The Commission also found that the terms and conditions of employment provided for by the agreement were fair and reasonable, taking into account relevant industry benchmarks and the specific circumstances of the workplace. The Commission approved the agreement under section 178 of the Fair Work Act.

The Fair Work Commission approved the Tieman Industries Pty Ltd- South Australia Workplace Agreement 2014, finding that it was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. This decision provides guidance on the requirements for approving workplace agreements under the Fair Work Act and the importance of genuine negotiation and fair and reasonable terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established