Tonkin Steel Pty Ltd Summary

[2013] FWCA 2038

FAIR WORK COMMISSION

DECISION

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

Tonkin Steel Pty Ltd
(AG2013/719)

TONKIN STEEL EMPLOYEE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER SPENCER	BRISBANE, 5 APRIL 2013

Application for approval of the Tonkin Steel Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tonkin Steel Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tonkin Steel Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The following Unions being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

● “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and
● The Australian Workers’ Union.

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2013. The nominal expiry date of the Agreement is 5 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tonkin Steel Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred on the application for approval of the Tonkin Steel Employee Enterprise Agreement 2013. The matter was heard in the Federal Circuit Court of Australia. The primary concern was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process through which it was negotiated and the extent to which it provided for genuine agreement between the employer and employees.

The court was required to determine whether the enterprise agreement was genuinely negotiated and if the process complied with the legislative requirements. It also had to consider whether the agreement contained all the mandatory terms and conditions as specified in the Fair Work Act, and whether it was fair and reasonable in all its aspects. The court examined the evidence provided by both parties regarding the negotiation process and whether there was genuine agreement.

The court found that the enterprise agreement was genuinely negotiated and that the process complied with the requirements of the Fair Work Act. It concluded that the agreement contained all the necessary mandatory terms and that it was fair and reasonable in all its aspects. The court approved the application for the agreement to be registered.

The court ordered that the Tonkin Steel Employee Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision effectively formalised the agreement, allowing it to be binding on the parties involved.

Tonkin Steel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established