Tubelok Pty Ltd and Tubelok Metals Australia Pty Ltd Summary

[2013] FWCA 2488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tubelok Pty Ltd and Tubelok Metals Australia Pty Ltd
(AG2013/856)

TUBELOK ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 APRIL 2013

Application for approval of the Tubelok Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tubelok Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tubelok Pty Ltd and Tubelok Metals Australia Pty Ltd, which applied for the approval of the Tubelok Enterprise Agreement 2013-2017. The dispute was heard by the Fair Work Commission, an independent statutory body with jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The applicants sought approval of the agreement, which was intended to regulate the employment terms and conditions of their employees.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for approval and whether it met the 'better-off, overall test'. This test requires that employees under the agreement be no worse off financially and, where possible, better off overall than they would be under the applicable award or safety net minimum terms and conditions. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for a proper process for the resolution of employee grievances and disputes.

The Commission found that the agreement was made in good faith and provided for a proper process for the resolution of employee grievances and disputes. It also determined that the agreement complied with the statutory requirements for approval and met the better-off, overall test. The Commission concluded that the agreement provided for a range of protections and benefits for employees that were, on balance, better than those available under the applicable award or safety net minimum terms and conditions. Therefore, the application for approval was successful.

The Commission approved the Tubelok Enterprise Agreement 2013-2017, which will now regulate the employment terms and conditions of the employees of Tubelok Pty Ltd and Tubelok Metals Australia Pty Ltd for the period from 1 July 2013 to 30 June 2017. The agreement provides for a range of protections and benefits for employees, including provisions for wages, hours of work, leave, and dispute resolution. The approval of the agreement ensures that the parties and their employees will be governed by the terms of the agreement, rather than the applicable award or safety net minimum terms and conditions, for the duration of the agreement.

Tubelok Pty Ltd and Tubelok Metals Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established