DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyree Industries Pty Ltd T/A Tyree Transformers
(AG2017/3939)

TYREE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Tyree Industries Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tyree Industries Pty Ltd Enterprise Agreement 2017 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyree Industries Pty Ltd, trading as Tyree Transformers, applied to the Fair Work Commission for the approval of the Tyree Industries Pty Ltd Enterprise Agreement 2017. The application was made under section 233 of the Fair Work Act 2009. The application was contested by the Electrical Trades Union of Australia (ETUA), who argued that the agreement was not in the best interests of the employees due to certain provisions that the union deemed unfavourable.

The central legal issue before the Fair Work Commission was whether the enterprise agreement, as proposed by Tyree Industries, met the statutory criteria for approval under section 233 of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The ETUA contended that the agreement did not adequately protect employees’ interests and included provisions that were not in their best interests.

The Fair Work Commission carefully examined the provisions of the agreement and considered the submissions from both parties. After weighing the arguments, the Commission concluded that the agreement was fair and reasonable, and had been made in good faith. The Commission noted that while some provisions may have been unfavourable to the employees, they were not so detrimental as to render the entire agreement unjust. Consequently, the Commission approved the enterprise agreement, finding that it met the statutory criteria for approval.

In its decision, the Fair Work Commission approved the Tyree Industries Pty Ltd Enterprise Agreement 2017, determining that it complied with the requirements of the Fair Work Act. The Commission’s decision stands as a binding determination, and the agreement is now legally enforceable.

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