Tyree Industries Pty Ltd T/A Tyree Transformers

[2021] FWCA 6493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyree Industries Pty Ltd T/A Tyree Transformers
(AG2021/7993)

APPLICATION FOR APPROVAL OF THE TYREE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 NOVEMBER 2021

Application for approval of the Tyree Industries Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the TYREE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyree Industries Pty Ltd, trading as Tyree Transformers, sought approval of the Tyree Industries Pty Ltd Enterprise Agreement 2021 from the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union (AMWU), representing a number of employees who were dissatisfied with certain provisions of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered agreement, meaning it would be enforceable under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the statutory criteria for registration, particularly focusing on the process by which it was made and the extent to which it provided for the protection of employees' rights and entitlements. The AMWU argued that the agreement did not adequately protect employees' rights, particularly in relation to pay rates and conditions, and that the process by which the agreement was made was flawed. Tyree Industries Pty Ltd, on the other hand, asserted that the agreement was the result of genuine bargaining and provided fair terms for both employees and the employer.

In considering the evidence and submissions, the Commission found that while there were some procedural irregularities in the making of the agreement, these were not so significant as to invalidate the entire agreement. The Commission also found that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and conditions, and that it did not unjustifiably disadvantage any party. Accordingly, the Commission approved the agreement and certified it as a registered agreement, enabling it to be enforceable under the Fair Work Act 2009.

The Commission's decision was based on a careful consideration of the evidence and submissions presented by both parties, and a determination that the agreement met the statutory criteria for registration. The Commission also noted that the agreement provided for fair and reasonable terms and conditions, and that it was the result of genuine bargaining between the parties. The Commission's approval of the agreement ensures that it will be enforceable and able to provide for the orderly regulation of employment relationships between Tyree Industries Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established