Turnex Pty Ltd T/A Firmins Lane Engineering

[2024] FWCA 4096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Turnex Pty Ltd T/A Firmins Lane Engineering

(AG2024/4224)

THE AMWU AND TURNEX NEWPORT POWER STATION AGREEMENT 2023-2026

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 25 NOVEMBER 2024

Application for approval of The AMWU and Turnex Newport Power Station Agreement 2023-2026

An application has been made for approval of a greenfields agreement known as the AMWU and Turnex Newport Power Station Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Turnex Pty Ltd T/A Firmins Lane Engineering.

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. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 2 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turnex Pty Ltd, trading as Firmins Lane Engineering, applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers' Union. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment of the workers represented by the union, including issues of wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the necessary "no disadvantage" and "better off overall" tests. The "no disadvantage" test ensures that the agreement does not place employees in a worse position than they would be in under the applicable industrial instrument or awards. The "better off overall" test requires that the employees be better off overall under the agreement than they would be without it.

The Commission examined the terms of the proposed agreement and considered submissions from both parties. It found that the agreement satisfied the "no disadvantage" test as it did not place employees in a worse position than they would be under the relevant awards. Additionally, the Commission concluded that the agreement met the "better off overall" test, as the employees would benefit from the proposed terms and conditions. Therefore, the Commission approved the agreement, confirming that it complied with the statutory requirements for enterprise agreements.

Consequently, the Fair Work Commission approved the AMWU and Turnex Newport Power Station Agreement 2023-2026. The decision was made on the basis that the agreement met the necessary legal tests under the Fair Work Act and was in the best interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established