DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Traminer Industries (NSW) Pty Ltd
(AG2020/2626)

TRAMINER INDUSTRIES (NSW) PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 -2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 1 OCTOBER 2020

Application for approval of the Traminer Industries (NSW) Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Traminer Industries (NSW) Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (‘the Agreement’). The application was made by Traminer Industries (NSW) Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Manufacturing Workers’ Union (“the AMWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from Traminer Industries (NSW) Pty Ltd for approval of the Traminer Industries (NSW) Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023. The applicant was represented by Mr J. Smith, and the respondent, the Australian Manufacturing Workers' Union, was represented by Mr G. Brown. The dispute centred on whether the proposed enterprise agreement complied with the relevant industrial laws and provided fair terms for both parties.

The central legal issue before the commission was whether the agreement satisfied the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness in its creation and the substantive fairness of its terms. The commission had to determine whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it complied with the procedural fairness requirements, including adequate consultation and notice.

In delivering its decision, the commission considered the evidence provided by both parties regarding the process of the agreement's creation. It was satisfied that the applicant had engaged in good faith negotiations with the union and had provided sufficient consultation and notice to the employees. The commission further found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the industry, the parties' bargaining positions, and the need for a balanced outcome. The commission concluded that the agreement complied with the relevant provisions of the Fair Work Act 2009 and approved the Traminer Industries (NSW) Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

The commission's final order was that the enterprise agreement be approved as made on 1 July 2020, with the terms and conditions set out in the agreement applying to the employees of Traminer Industries (NSW) Pty Ltd from that date. The approval was subject to the parties' compliance with any relevant industrial laws and regulations.

Traminer Industries (NSW) 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