DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyrecycle Pty Ltd
(AG2015/1339)

TYRECYCLE PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 JULY 2015

Application for approval of the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Tyrecycle Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 22.2.2 and 42.3 of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A. Pursuant to s.190(4) the views of the employee bargaining representatives have been sought.

[3] In my view, the introduction of change provision in clause 11 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee's regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an "enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement". The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[7] The National Union of Workers, 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.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 17 July 2015. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

Tyrecycle Pty Ltd, an employer, and the National Union of Workers, a union representing its employees, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement sought to regulate the terms and conditions of employment for certain employees. The matter was heard in the Fair Work Commission, which is the relevant tribunal for such applications in Australia.

The primary legal issue the Commission had to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included verifying that the agreement was made in good faith, provided for a fair and efficient workplace, and adhered to the provisions of the Act regarding bargaining and dispute resolution. The Commission also needed to ensure that the agreement did not unfairly disadvantage any employees or contravene any other relevant laws.

In evaluating the application, the Commission considered the submissions from both parties and the content of the proposed agreement. The Commission found that the agreement was made in good faith and contained provisions that were fair and efficient. It also determined that the agreement complied with the statutory requirements of the Fair Work Act 2009 and did not contain any provisions that would unfairly disadvantage employees. The Commission approved the application and registered the enterprise agreement.

The Fair Work Commission approved the application and registered the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2012. The decision was made on the basis that the agreement met the legal requirements for approval under the Fair Work Act 2009.

Tyrecycle 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