DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Townsend Group Pty Limited
(AG2015/4191)

TOWNSEND GROUP - MANUFACTURING - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the Townsend Group - Manufacturing - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Townsend Group - Manufacturing - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Townsend Group Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 27 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Townsend Group Pty Limited, the applicant, which sought approval for a new enterprise agreement. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds. The dispute centred on the provisions of the proposed agreement and its implications for the employees' conditions of employment.

The legal issues before the Commission included whether the agreement provided for genuine bargaining, whether it complied with the Fair Work Act 2009, and whether the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. A critical point of contention was the method of communication between the employer and the employees regarding the proposed agreement, which the respondents argued was inadequate.

In assessing the application, the Commission took into account the evidence provided by both parties, including the processes undertaken during the bargaining phase. The Commission determined that genuine bargaining had occurred, noting that the employer had provided a draft agreement and had engaged in discussions with the union. The Commission found that the agreement complied with the statutory requirements and that the process of communication was sufficient to meet the standards of good faith bargaining. Consequently, the application was approved, and the agreement was registered.

Townsend Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established