DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tri Underground Australia Pty Ltd
(AG2019/3731)

TRI UNDERGROUND NARANGBA MANUFACTURING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 NOVEMBER 2019

Application for approval of the Tri Underground Narangba Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tri Underground Narangba Manufacturing Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tri Underground Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 26 November 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tri Underground Australia Pty Ltd, the dispute was before the Fair Work Commission, where the application was made for the approval of the Tri Underground Narangba Manufacturing Enterprise Agreement 2019. The applicant, Tri Underground Australia Pty Ltd, sought approval of the proposed agreement under section 231 of the Fair Work Act 2009. The agreement was made between the employer and the employees represented by the Electrical Trades Union of Australia and the Australian Manufacturing Workers Union. The primary issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, specifically if it provided for the safety and welfare of employees and whether it had been made in good faith.

The Commission examined the provisions of the agreement to determine if it provided for fair and reasonable terms and conditions for the employees. The analysis included assessing if the agreement provided for adequate pay rates, conditions of employment, and other terms and conditions that were not less favourable than the relevant awards or the National Employment Standards. The Commission also considered if the agreement had been made in good faith, which involved reviewing the process of bargaining and the conduct of the parties during the negotiations. The applicant had to demonstrate that the agreement was the result of genuine and meaningful bargaining and not a mere formality.

Upon reviewing the evidence and submissions, the Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions for the employees, including pay rates and conditions that were not less favourable than the relevant awards or the National Employment Standards. The Commission also found that the agreement had been made in good faith, as evidenced by the process of bargaining and the conduct of the parties. Consequently, the Commission approved the Tri Underground Narangba Manufacturing Enterprise Agreement 2019 under section 232 of the Fair Work Act. The decision highlights the importance of ensuring that enterprise agreements provide for the fair and reasonable terms and conditions for employees and are made in good faith, as these are key criteria for approval under the Fair Work Act.

Tri Underground Australia 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