DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Fabrication Services Pty Ltd
(AG2015/6538)

TOTAL FABRICATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Total Fabrication Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Fabrication Services Pty Ltd Enterprise Agreement 2014 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Fabrication Services Pty Ltd was the applicant before the Fair Work Commission, seeking approval for the Total Fabrication Services Pty Ltd Enterprise Agreement 2014. The respondent, Metal Trades Industry Association of Australia (Vic), brought objections to the agreement, arguing it failed to meet the requirements of the Fair Work Act 2009. The nature of the dispute centred around the fairness and validity of various clauses within the enterprise agreement, specifically related to pay rates and conditions for employees within the metal trades industry.

The primary legal issues the Commission was required to address were whether the agreement provided for the proper bargaining of terms and conditions, and whether it met the 'better off overall test', ensuring employees were not disadvantaged compared to their previous conditions. The Commission also needed to assess if the agreement contained clauses that were not genuinely bargained for, and if the agreement adequately protected employees’ rights. Additionally, the Commission considered whether the agreement complied with the requirements of section 233 of the Fair Work Act.

The Commission found that the agreement did meet the requirements of the Act, providing for genuine bargaining and meeting the better off overall test. The Commission was satisfied that the agreement was not deficient in any significant way and did not contain terms that were not genuinely bargained for. The Commission approved the Total Fabrication Services Pty Ltd Enterprise Agreement 2014. The Fair Work Commission's decision was made based on the evidence presented and the legal criteria set out in the Fair Work Act 2009.

Total Fabrication Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established