DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tronics Pty Ltd
(AG2015/181)

TRONICS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Tronics Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tronics Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tronics 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 “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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 16 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tronics Pty Ltd was involved in an application before the Fair Work Commission concerning the approval of the Tronics Pty Ltd Collective Bargaining Workshop Agreement 2014. The applicant, Tronics Pty Ltd, sought to have this agreement approved as a protected action agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval and if it facilitated genuine collective bargaining between the employer and employees.

The legal issues that the Commission needed to address included whether the agreement was made in good faith and whether it was genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement would protect employees from adverse action and whether it provided for the resolution of disputes. The Commission also needed to ensure that the agreement was not contrary to public policy and that it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was indeed a genuine collective bargaining agreement that was negotiated in good faith and met all statutory requirements. The agreement provided for the protection of employees from adverse action and included provisions for the resolution of disputes. The Commission was satisfied that the agreement did not contravene public policy and was consistent with the provisions of the Fair Work Act. Consequently, the Commission approved the Tronics Pty Ltd Collective Bargaining Workshop Agreement 2014 as a protected action agreement.

Tronics 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