Traralgon Industries Pty Ltd

[2013] FWCA 7189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traralgon Industries Pty Ltd
(AG2013/9321)

TRARALGON INDUSTRIES PTY LTD MECHANICAL POWER INDUSTRY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Traralgon Industries Pty Ltd Mechanical Power Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Traralgon Industries Pty Ltd Mechanical Power Industry Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Traralgon Industries Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Traralgon Industries Pty Ltd applied for approval of the Mechanical Power Industry Enterprise Agreement 2012. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Act.

The primary legal issue for the Commission was whether the agreement had been negotiated in good faith, as required by the Act. The Commission also needed to consider whether the agreement provided for the proper protection of employees' rights and interests. The applicant argued that the agreement had been negotiated in good faith and that it provided adequate protection for employees. The Commission examined the negotiation process and the terms of the agreement to determine whether these requirements had been met.

After considering the evidence and submissions, the Commission found that the agreement had been negotiated in good faith and provided for the proper protection of employees' rights and interests. The Commission approved the agreement, noting that it contained provisions for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive and cooperative workplace relations.

The Commission approved the Mechanical Power Industry Enterprise Agreement 2012 as a registered agreement under the Fair Work Act. The applicant was directed to take all necessary steps to give effect to the agreement, including by providing copies of the agreement to employees and by ensuring that it was implemented in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established