Tincone Pty Ltd

[2014] FWCA 4861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tincone Pty Ltd
(AG2014/1269)

TINCONE HAY POINT EXPANSION 3 PROJECT UNION GREENFIELD AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Tincone Pty Ltd and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing Allied Services Union of Australia (CEPU), the Construction, Forestry, Mining and Energy Union (CFMEU), and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

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

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU, CFMEU and AMWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 30 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Tincone Pty Ltd sought approval for the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement. This agreement was a result of negotiations between Tincone and the Maritime Union of Australia, concerning the terms and conditions of employment for workers involved in the project. The dispute centred around whether the agreement complied with the necessary legal requirements for approval under the Fair Work Act 2009. The court was tasked with determining if the agreement met the statutory criteria, including fairness and other regulatory standards.

The primary legal issue revolved around the interpretation and application of the Fair Work Act, particularly sections that pertain to the approval of enterprise agreements. The court had to assess whether the agreement was genuinely negotiated, if it included the appropriate minimum terms and conditions, and whether it was fair and beneficial for the workers involved. Additionally, the court examined if the agreement adhered to the procedural requirements for approval as outlined in the Act. The resolution of these issues was crucial to ascertain if the agreement could be legally endorsed.

In its decision, the court meticulously reviewed the contents of the agreement, considering both the submissions from the parties and the relevant legislative framework. The court found that the agreement was genuinely negotiated and included all necessary minimum terms and conditions. It was determined that the agreement was fair and beneficial, aligning with the statutory criteria. The court also confirmed that all procedural requirements for approval had been met. Consequently, the court granted approval for the Tincone Hay Point Expansion 3 Project Union Greenfield Agreement. This decision ensured that the project could proceed with the agreed terms, subject to the legal standards set forth by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established