DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyree Industries Pty Ltd T/A Tyree Transformers
(AG2020/2941)

TYREE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 18 NOVEMBER 2020

Application for approval of the Tyree Industries Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tyree Industries Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyree Industries Pty Ltd T/A Tyree Transformers. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause Appendix B – Classification system

• Clause 24 – Public Holidays

• Clause 25 – Long Service Leave

• Clause 18 – Abandonment of Employment

However, noting clause 1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tyree Industries Pty Ltd, trading as Tyree Transformers, applied for the approval of the Enterprise Agreement 2020 under the Fair Work Act 2009. The application was made before the Fair Work Commission, which had the authority to approve the agreement if it was deemed to meet the necessary requirements for registration. The dispute centred on whether the agreement sufficiently complied with the statutory provisions of the Act, particularly regarding the procedural fairness and the coverage of the agreement.

The legal issues before the Commission involved assessing whether the agreement had been appropriately negotiated, if it contained the mandatory terms required by the Act, and whether the process leading to its creation was fair and just. The Commission had to consider submissions from both the applicant and the Australian Manufacturing Workers' Union, which represented the employees. It was necessary to determine if the agreement was genuinely negotiated, free from coercion or undue influence, and whether it provided adequate protections and terms for the employees.

In its reasoning, the Fair Work Commission examined the evidence provided by both parties, including the negotiation process and the contents of the agreement. The Commission found that the agreement had been negotiated in good faith and was not the product of any form of coercion. The agreement was also found to include all the mandatory terms required by the Act, and the process leading to its creation was deemed fair and just. Based on these findings, the Commission approved the Enterprise Agreement 2020, confirming its compliance with the statutory requirements.

The final orders of the Commission were to approve the Enterprise Agreement 2020 as meeting the criteria under the Fair Work Act 2009. The agreement was to be registered with the Commission and would be in effect from the date of the decision. This decision allowed the agreement to provide a framework for the employment relationship between Tyree Industries Pty Ltd and its employees, subject to the terms and protections outlined within the approved agreement.

Tyree Industries Pty Ltd T/A Tyree Transformers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established