TWE Pipe & Steel Fabrication Pty Ltd Summary

[2013] FWCA 7872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TWE Pipe & Steel Fabrication Pty Ltd
(AG2013/2993)

TWE ENTERPRISE COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 10 OCTOBER 2013

Application for approval of the TWE Enterprise Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TWE Enterprise Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by TWE Pipe & Steel Fabrication Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 13 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The case involved TWE Pipe & Steel Fabrication Pty Ltd, which applied to the Fair Work Commission for approval of the TWE Enterprise Collective Agreement 2013. The primary dispute was centred on the terms and conditions of employment within the steel fabrication industry and the procedural fairness in the negotiation and ratification of the collective agreement. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement should be approved.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees' representatives, whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether procedural fairness was observed in the negotiation and ratification process. Additionally, the Commission needed to ensure that the agreement did not discriminate against employees or undermine the safety and welfare provisions mandated by the Fair Work Act.

The Fair Work Commission examined the evidence provided by both parties, including documentation of the negotiation process, and considered the submissions made. The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements. It was determined that procedural fairness was maintained throughout the negotiation and ratification process, and that the agreement did not adversely affect the safety and welfare of the employees. Consequently, the Commission approved the application for the TWE Enterprise Collective Agreement 2013.

The final orders of the Commission included the approval of the TWE Enterprise Collective Agreement 2013, with specific conditions to ensure ongoing compliance with the Fair Work Act and to protect the rights of the employees. The Commission mandated that any changes to the agreement in the future must also adhere to the same standards of negotiation and procedural fairness.

TWE Pipe & Steel Fabrication Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established