Tincone Pty Ltd

[2013] FWCA 9806

FAIR WORK COMMISSION

DECISION

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

Tincone Pty Ltd
(AG2013/10348)

TINCONE WIGGINS ISLAND UNION GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 DECEMBER 2013

Application for approval of the Tincone Wiggins Island Union Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 December 2013 by Tincone Pty Ltd for the approval of a Greenfields agreement known as the Tincone Wiggins Island Union Greenfield Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 19 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Court involved Tincone Pty Ltd, which sought approval of a union agreement between the company and the Building, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues for the Court to decide were whether the agreement was genuinely negotiated and whether it was fair and reasonable in all its terms. The Court had to consider whether the agreement met the statutory criteria under section 230 of the Fair Work Act, which includes assessing the agreement's fairness in relation to the matters it covers and its potential impact on the parties involved.

In its reasoning, the Court found that the union agreement was genuinely negotiated as it was entered into by parties that had genuine freedom of choice in the negotiation process. The Court also considered the terms of the agreement and found them to be fair and reasonable. The Court held that the agreement was consistent with the purpose of the Act, which is to provide for fair work practices and conditions of employment. The Court was satisfied that the agreement did not unfairly disadvantage either party and was in line with broader industrial standards.

The Court granted the application for approval of the union agreement, finding it to be genuinely negotiated and fair and reasonable in all its terms. The Court's decision provided clarity on the requirements for union agreements and reinforced the importance of genuine negotiation and fairness in industrial relations matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established