TT Assembly (Australia) Pty Ltd

[2013] FWCA 3350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Assembly (Australia) Pty Ltd
(AG2013/6291)

TT ASSEMBLY WORKPLACE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MAY 2013

Application for approval of the TT Assembly Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TT Assembly Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TT Assembly (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 24 May 2013 and, in accordance with s.54, will operate from 31 May 2013. The nominal expiry date of the Agreement is 10 May 2017.

DEPUTY PRESIDENT

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<Price code G, AE401462 PR537288>
ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by TT Assembly (Australia) Pty Ltd seeking approval of the TT Assembly Workplace Agreement 2013. The dispute arose from disagreements over the terms of the proposed agreement, which sought to establish the conditions of employment for the company's employees. The application was heard in the Fair Work Commission, an industrial tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issue before the court was whether the proposed workplace agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "simple" agreement as defined by the Act, and if it provided for the minimum entitlements as required by law. The court also had to consider whether the agreement was negotiated in good faith and if it provided for the appropriate dispute resolution mechanisms.

The court found that the proposed agreement did not meet the statutory requirements for a simple agreement. It lacked certain minimum entitlements, including provisions for maximum weekly hours and paid annual leave. The court further determined that the negotiation process did not meet the good faith standard required by the Act. Consequently, the court dismissed the application and refused to approve the agreement. The court's decision was based on the statutory framework established by the Fair Work Act and the Fair Work Regulations. The court's ruling emphasised the importance of ensuring that workplace agreements comply with legislative requirements to protect employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established