DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Fabrication Services Pty Ltd ATF Total Fabrication Services Trust T/A Total Fabrication Services
(AG2017/6436)

TOTAL FABRICATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the Total Fabrication Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Total Fabrication Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Fabrication Services Pty Ltd ATF Total Fabrication Services Trust T/A Total Fabrication Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 16 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Total Fabrication Services Pty Ltd, trading as Total Fabrication Services, and its application for the approval of the Enterprise Agreement dated 2017. The matter was heard by the Fair Work Commission, which is the Australian workplace relations tribunal. The dispute centred on whether the enterprise agreement met the legal criteria for approval, including whether it facilitated a fair and efficient workplace and provided for the genuine bargaining of terms.

The primary legal issue the court had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing the agreement's provisions on wages, conditions, and other employment terms to determine if they were genuinely negotiated and met the requirements of the Act. The court also needed to consider whether the agreement would provide a more efficient and productive workplace.

The Fair Work Commission concluded that the Total Fabrication Services Enterprise Agreement 2017 complied with the statutory requirements for approval. The court found that the agreement was genuinely negotiated and met the criteria for facilitating a more efficient and productive workplace. The agreement's provisions were deemed fair and balanced, providing appropriate protections for employees while allowing for necessary operational flexibility for the employer. Consequently, the court approved the enterprise agreement.

The final order of the Fair Work Commission was that the Total Fabrication Services Enterprise Agreement 2017 be approved and registered. This decision provided clarity and legal recognition for the terms of the agreement, allowing it to be enforced between the parties involved.

Total Fabrication Services Pty Ltd ATF Total Fabrication Services Trust T/A Total Fabrication Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established