Tormax Australia Pty Ltd

[2024] FWCA 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tormax Australia Pty Ltd

(AG2024/3006)

TORMAX AUSTRALIA VICTORIAN ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 5 SEPTEMBER 2024

Application for approval of the Tormax Australia Victorian Enterprise Agreement 2024

Tormax Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Tormax Australia Victorian Enterprise Agreement 2024 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 12 September 2024. The nominal expiry date of the Agreement is 5 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Tormax Australia Pty Ltd, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement proposed by Tormax Australia, an employer, and the Australian Manufacturing Workers' Union (AMWU), the representative for the employees. The agreement in question pertains to the employees working in Victoria and is set to be effective from 2024. The application for approval of the agreement was brought before the FWC, which needed to determine whether the agreement met the necessary legal standards and provisions set forth by the Fair Work Act 2009.

The primary legal issues that the FWC had to address involved whether the proposed agreement was a "better off overall test" (BOOT) compliant and if it complied with the provisions of the Fair Work Act, particularly in terms of minimum entitlements and procedural fairness. The FWC had to examine the content of the agreement to ensure that it provided employees with at least the minimum entitlements as prescribed by the relevant awards and national employment standards, and that it was negotiated in good faith. Additionally, the FWC considered if the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, such as providing adequate notice and opportunity for employees to be represented by their union.

Upon review, the FWC found that the proposed agreement was in compliance with the BOOT and met all the legal requirements set out in the Fair Work Act. The FWC confirmed that the agreement provided employees with improved conditions and benefits compared to their previous entitlements. The FWC also found that the negotiation process was conducted in good faith, with adequate representation and consultation with the employees. Consequently, the FWC approved the application for the Victorian Enterprise Agreement 2024, and the agreement will now 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