Toveety Maintenance Services Pty Ltd

[2013] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toveety Maintenance Services Pty Ltd
(AG2013/5343)

TOVEETY MAINTENANCE SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER ROBERTS	SYDNEY, 23 APRIL 2013

Application for approval of the Toveety Maintenance Services Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Toveety Maintenance Services Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toveety Maintenance 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 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2013. The nominal expiry date will be 29 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Toveety Maintenance Services Pty Ltd applied for the approval of the Toveety Maintenance Services Pty Limited Enterprise Agreement 2013. The application was brought by the company, which is an employer, and the Australian Licensed Aircraft Engineers Association, as the representative of the employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with section 233 of the Act, which mandates that such agreements must not have the effect of disadvantaging employees. The Commission needed to assess if the agreement's provisions were fair and balanced, ensuring that they did not unfairly disadvantage the employees by, for example, reducing their wages or entitlements below what was reasonably expected in the industry.

The Commission found that the agreement was fair and balanced and did not disadvantage employees. The agreement contained provisions that reflected the needs of both the employer and the employees, and it was deemed to be in the best interests of the employees. The Commission noted that the agreement provided for adequate consultation mechanisms and addressed various employment conditions, including wages, leave, and dispute resolution processes. Therefore, the application was approved, and the enterprise agreement was registered.

The final orders of the Commission were that the Toveety Maintenance Services Pty Limited Enterprise Agreement 2013 be approved and registered. The approval was subject to the agreement's provisions taking effect from the date of registration, and the agreement was to be binding on the employer and the employees represented by the Australian Licensed Aircraft Engineers Association.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established