DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Valve Services Pty Ltd
(AG2018/4808)

TVS PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the TVS Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TVS Pty Ltd Enterprise 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 Valve Services Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 27 February 2019 and, in accordance with s.54, will operate from 6 March 2019. The nominal expiry date of the Agreement is 26 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Total Valve Services Pty Ltd, the applicant, and the Australian Manufacturing Workers' Union, the respondent, the Fair Work Commission was tasked with determining the application for the approval of the Total Valve Services Pty Ltd Enterprise Agreement 2018. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The key legal issues that the Commission had to address were whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission had to assess whether the agreement complied with the Fair Work (Transitional Provisions) Act 1992 and the Fair Work (Registered Organisations) Act 2009, including the requirement that the agreement contain a minimum rate of pay and address other minimum entitlements. The fairness of the agreement, particularly concerning its impact on employees, was also scrutinised.

The Commission concluded that the agreement had been made in good faith and was fair and efficient, meeting the statutory requirements for approval. It found that the agreement adequately provided for minimum rates of pay and other entitlements, and that it did not unfairly disadvantage any employee. The Commission also determined that the agreement complied with the relevant legislation, and thus, it was appropriate for the agreement to be approved and registered.

The Commission approved the Total Valve Services Pty Ltd Enterprise Agreement 2018, ordering its registration in accordance with the Fair Work Act 2009. The decision was made on the basis that the agreement was fair, efficient, and in compliance with all applicable legal standards.

Total Valve 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