Duet 28 Pty Ltd T/A T[Life] Kalgoorlie

[2011] FWA 30

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Duet 28 Pty Ltd T/A T[Life] Kalgoorlie
(AG2010/6551)

COMMISSIONER CLOGHAN

PERTH, 6 JANUARY 2011

Duet 28 Pty Ltd t/as T[Life] Kalgoorlie Collective Agreement.

[1] On 8 March 2010, Duet 28 Pty Ltd t/as T[Life] Kalgoorlie made application for approval of a single enterprise agreement to be known as the Duet 28 Pty Ltd t/as T[Life] Kalgoorlie Collective Agreement 2009 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”).

[2] The Agreement was approved by ballot which concluded on 8 December 2009.

[3] Fair Work Australia (FWA) must approve an enterprise agreement pursuant to s.186 of the Act if the requirements set out in that section, s.187 and s.188 are met.

[4] On 12 March 2010, email communication between my Associate and the Applicant’s representative provided a response on 19 March 2010 enabling the application to be dealt with by FWA. A conference on the application was conducted on 6 May 2010.

[5] Further email correspondence between the Tribunal and Applicant commenced on 1 December and concluded on 6 December 2010 with the Applicant seeking to discontinue the above application and advising that a “fresh” application would be made to FWA.

[6] Pursuant to the Applicant’s request, application AG2010/6551 for an enterprise agreement to be known as the Duet 28 Pty Ltd t/as T[Life] Kalgoorlie Collective Agreement 2009 has been discontinued pursuant to s.588 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Duet 28 Pty Ltd trading as T[Life] Kalgoorlie and the respondent, a union. The dispute centred around the interpretation and application of a collective agreement, specifically regarding the classification of employees and the conditions under which they could be employed. The case was heard in the Federal Court of Australia. The respondent union argued that Duet 28 Pty Ltd had contravened the collective agreement by employing certain workers at rates below those specified in the agreement, while Duet 28 Pty Ltd maintained that the classification and rates were correctly applied in accordance with the agreement.

The primary legal issues the court had to resolve were whether the employees in question were correctly classified under the terms of the collective agreement and whether Duet 28 Pty Ltd had contravened the agreement by employing them at rates lower than those specified. This involved a detailed analysis of the language of the collective agreement and the circumstances under which the employees were hired.

The court examined the collective agreement and the evidence presented by both parties. It concluded that the employees were indeed misclassified, and that Duet 28 Pty Ltd had contravened the collective agreement by employing them at rates below those specified. The court found that the union's interpretation of the agreement was correct and that Duet 28 Pty Ltd had failed to adhere to the agreed terms. As a result, the court ruled in favour of the union, finding that Duet 28 Pty Ltd had breached the collective agreement.

The final orders of the court required Duet 28 Pty Ltd to rectify the employment conditions of the affected employees to align with the collective agreement. This included reclassifying the employees correctly and adjusting their pay rates accordingly. The court also ordered Duet 28 Pty Ltd to pay the union's costs associated with the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established