Total Piping and Mechanical Pty Ltd Summary

[2018] FWCA 5858

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Total Piping and Mechanical Pty Ltd

(AG2018/1906)

Total Piping and Mechanical Pty Ltd Agreement 2018

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Total Piping and Mechanical Pty Ltd Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Total Piping and Mechanical Pty Ltd Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Piping and Mechanical Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 21 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Total Piping and Mechanical Pty Ltd, a company, sought approval for the Total Piping and Mechanical Pty Ltd Agreement 2018 under section 232 of the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The applicant sought the approval of an enterprise agreement, which had been negotiated with its employees and the Australian Manufacturing Workers Union. The dispute centred on the legality and fairness of the proposed agreement, specifically in relation to its compliance with statutory requirements and whether it appropriately addressed the interests of the employees.

The primary legal issue before the court was whether the agreement met the necessary criteria for approval as stipulated in the Fair Work Act 2009. The court had to consider whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it provided for the terms and conditions of employment fairly. The court also examined if the agreement had been properly bargained and if it contained provisions that were contrary to public policy or had been made under duress.

The court found that the agreement met the statutory requirements for approval. It was determined to be a genuine enterprise agreement, negotiated in good faith, and adequately addressing the terms and conditions of employment. The court was satisfied that the agreement was fairly made and did not contravene any public policy. The court approved the application for the agreement, noting the fair consideration given to the interests of both the employees and the employer. Consequently, the Total Piping and Mechanical Pty Ltd Agreement 2018 was approved, effective from the date of the court's decision.

Total Piping and Mechanical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established