Tieman Industries Pty Ltd Summary

[2014] FWCA 8619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tieman Industries Pty Ltd
(AG2014/10013)

TIEMAN INDUSTRIES PTY LTD/AMWU VICTORIAN COLLECTIVE WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Tieman Industries Pty Ltd/AMWU Victorian Collective Workplace 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 clause 6 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to the undertaking. The AMWU has supported the undertaking.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 December 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

The case of Tieman Industries Pty Ltd involved an application for the approval of the Tieman Industries Pty Ltd/AMWU Victorian Collective Workplace Agreement 2014. The applicant, Tieman Industries Pty Ltd, sought the approval of this agreement, which was aimed at establishing the terms and conditions of employment for employees within the organisation. The Australian Manufacturing Workers' Union (AMWU) represented the employees in this matter. The Fair Work Commission (FWC) was responsible for deciding whether to approve the proposed agreement. The dispute centred on whether the agreement met the necessary legal requirements and whether it provided a fair and balanced outcome for both the employer and employees.

The primary legal issues before the FWC involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included examining whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms as outlined in the legislation. Furthermore, the FWC needed to determine if the agreement was likely to provide for a fair and balanced outcome for both parties, considering the broader context of industrial relations in Australia. The FWC also had to ensure that the agreement did not undermine the protections afforded to employees under the Fair Work Act.

The FWC conducted a thorough examination of the proposed agreement, considering the arguments presented by both parties. After reviewing the evidence and submissions, the FWC found that the agreement was genuinely negotiated and contained all the necessary minimum terms. The FWC determined that the agreement provided a fair and balanced outcome for both the employer and employees, taking into account the specific circumstances of the workplace. Consequently, the FWC approved the Tieman Industries Pty Ltd/AMWU Victorian Collective Workplace Agreement 2014, which was then registered and became legally binding.

The final orders of the FWC involved the registration of the approved agreement, which would govern the employment terms and conditions for the employees of Tieman Industries Pty Ltd. The agreement was to be registered with the Fair Work Commission, and the parties were bound by its terms. This decision by the FWC ensured that the agreement was in line with the legal requirements and provided a fair and balanced outcome for both the employer and employees, promoting a harmonious and productive workplace environment.

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