Titan Manufacturing Pty Ltd

[2013] FWCA 399

FAIR WORK COMMISSION

DECISION

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

Titan Manufacturing Pty Ltd
(AG2012/13066)

TITAN MANUFACTURING PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 29 JANUARY 2013

Application for approval of the Titan Manufacturing Pty Ltd Workshop Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Titan Manufacturing Pty Ltd Workshop Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Titan Manufacturing 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 5 February 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Titan Manufacturing Pty Ltd applied for the approval of the Titan Manufacturing Pty Ltd Workshop Enterprise Agreement 2012. The applicant is an employer and the respondents are the employees' representative, the Australian Manufacturing Workers Union, and the Fair Work Commission. The dispute involves the application for the approval of an enterprise agreement which was made by the applicant employer and the union on behalf of its employees.

The legal issues the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the provisions for good faith bargaining and the protection of employees' rights. The court also had to determine if the agreement contained all the mandated terms and conditions and if it was fairly and genuinely negotiated.

The court found that the agreement did meet the requirements of the Fair Work Act and complied with the provisions for good faith bargaining and the protection of employees' rights. The court was satisfied that the agreement contained all the mandated terms and conditions and that it was fairly and genuinely negotiated. The court approved the agreement based on these findings.

The final orders included the approval of the Titan Manufacturing Pty Ltd Workshop Enterprise Agreement 2012 and its registration with the Fair Work Commission. The agreement was to come into effect from the date of the approval and be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established