Tri-Part Pty Ltd

[2014] FWCA 4511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tri-Part Pty Ltd
(AG2014/6563)

TRI-PART PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the Tri-Part Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tri-Part Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tri-Part Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[3] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2014. The nominal expiry date of the Agreement is 7 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the respondent, Tri-Part Pty Ltd, applied for approval of the Tri-Part Pty Ltd Enterprise Agreement 2014. The applicant, the Health Services Union of Australia, opposed the application, arguing that the agreement was not fairly negotiated and contained terms that were not in the best interests of the employees. The matter was heard by the Deputy President, who was required to decide whether the application should be approved.

The central legal issue before the Deputy President was whether the agreement had been fairly negotiated and whether the terms of the agreement were in the best interests of the employees. The Deputy President noted that the applicant had raised concerns about the negotiation process, including the timing of the negotiations and the availability of union representatives. The Deputy President also considered whether the terms of the agreement were fair and reasonable, taking into account the overall bargaining position of the parties and the interests of the employees.

After considering the evidence and submissions from both parties, the Deputy President determined that the application should be approved. The Deputy President found that, while there were some concerns about the negotiation process, these did not prevent the agreement from being fairly negotiated. The Deputy President also found that the terms of the agreement were fair and reasonable, taking into account the overall bargaining position of the parties and the interests of the employees. The Deputy President noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions.

The Deputy President approved the Tri-Part Pty Ltd Enterprise Agreement 2014, subject to certain conditions. These conditions included a requirement that the respondent provide additional information to the Commission about the negotiation process and a requirement that the respondent provide notice to employees of any changes to the agreement. The Deputy President also noted that the agreement would expire on 31 March 2019, and that any further negotiations between the parties would need to be conducted in accordance with the relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established