Traralgon Industries Pty Ltd

[2013] FWCA 2001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traralgon Industries Pty Ltd
(AG2013/5780)

TRARALGON INDUSTRIES PTY LTD CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 APRIL 2013

Application for approval of the Traralgon Industries Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Traralgon Industries Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 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 greenfields agreement.

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

[3] I am satisfied that Construction, Forestry, Mining and Energy Union (CFMEU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 April 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

Traralgon Industries Pty Ltd applied to the Fair Work Commission for approval of the Traralgon Industries Pty Ltd CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The Commission was required to determine whether the agreement was a simple, low risk agreement, whether the agreement met the new enterprise agreement standards, and whether the agreement should be approved.
The Commission found that the agreement was a simple, low risk agreement, as it related to a small enterprise. The agreement was found to meet the new enterprise agreement standards, as it contained the prescribed minimum terms and conditions, and did not contain any terms that were contrary to public policy. The agreement was also found to be fair and reasonable. The Commission approved the agreement under section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established