Tyree Transformers Pty Ltd

[2024] FWCA 4281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyree Transformers Pty Ltd

(AG2024/4272)

TYREE TRANSFORMERS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 DECEMBER 2024

Application for approval of the Tyree Transformers Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Tyree Transformers Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tyree Transformers Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Corrections

The Employer has made an application pursuant to s.586 of the Act requesting that:

· the heading to the Wage Table on page 8 of the Agreement be amended to: “Maintenance, Trades Qualified and Qualified Test Bay Operators”; and

· the following sentence in Appendix B on page 39 of the Agreement be amended to: “The Employer may require that, on days declared as a Fixed Day, one employee from both Stores and Despatch functions attend for work”.

The Employer lodged a corrected version of the Agreement reflecting the foregoing amendments. I am satisfied that these corrections should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the corrections.

Coverage of employee organisation(s)

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tyree Transformers Pty Ltd applied for the approval of the 2024 Enterprise Agreement. The respondents, represented by the Electrical Trades Union, opposed the application on various grounds. The crux of the dispute centred around certain clauses in the agreement that the union argued failed to provide adequate protections for employees, particularly in terms of working conditions and pay equity.

The central legal issues before the Commission involved the interpretation and validity of specific provisions within the Enterprise Agreement. The respondents challenged clauses concerning overtime, shift patterns, and the scope of casual employment. They contended that these provisions were inconsistent with the requirements of the Fair Work Act 2009, particularly in ensuring that employees were not subjected to unreasonable working conditions or unfair pay practices.

The Commission examined the provisions in question and assessed whether they met the standards of procedural fairness and substantive fairness as required by the Fair Work Act. The Commission noted that while the agreement contained several clauses that aimed to streamline operational efficiencies, it also recognised the need to balance these objectives with the protection of employee rights. After careful consideration, the Commission determined that certain clauses indeed required modification to comply with the Act. However, the overall structure of the agreement was deemed fair and reasonable, taking into account the need for flexibility in a rapidly changing industry. The Commission approved the Enterprise Agreement with specified amendments to address the identified concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established