[2013] FWCA 8923 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Tartaric Products Pty Ltd T/A Australian Tartaric Products
(AG2013/9136)
AUSTRALIAN TARTARIC PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2013
Food, beverages and tobacco manufacturing industry | |
DEPUTY PRESIDENT KOVACIC | MELBOURNE, 13 NOVEMBER 2013 |
Application for approval of the Australian Tartaric Products Pty Ltd Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Australian Tartaric Products Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Tartaric Products Pty Ltd. The Agreement is a single-enterprise agreement.
[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] As noted, pursuant to s.190(3), I have accepted undertakings from Australian Tartaric Products Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.
[4] TheAustralian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 19 November 2017.
DEPUTY PRESIDENT
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- AGLC
- Australian Tartaric Products Pty Ltd T/A Australian Tartaric Products [2013] FWCA 8923
- Case
- [2013] FWCA 8923
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was free from any coercive practices or undue influence. The Commission also needed to ensure the agreement met the 'better off overall test', meaning that employees would not be worse off financially under the new agreement compared to their previous conditions.
The Fair Work Commission found that the Australian Tartaric Products Pty Ltd Enterprise Agreement 2013 satisfied the legal criteria for approval. The Commission noted that the agreement contained provisions that were fair and reasonable, provided for adequate protections for employees, and met the better off overall test. The Commission also determined that the agreement was not the result of any coercive practices or undue influence. Consequently, the Commission approved the enterprise agreement, recognising it as a fair and reasonable means of regulating employment terms and conditions for the employees of Australian Tartaric Products Pty Ltd.
The Fair Work Commission's final order was that the Australian Tartaric Products Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The approval came into effect on the date of the Commission's decision, providing legal certainty and stability for both the employer and the employees in relation to their employment terms and conditions.
Orders
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Background
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Evidence
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