DECISION

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

Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich
(AG2015/2959)

HESSER PTY LTD T/A BOB JANE TMART - IPSWICH SINGLE ENTERPRISE AGREEMENT

Vehicle industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 19 JUNE 2015

Application for approval of the Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 26 June 2015. The nominal expiry date of the Agreement is 26 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich applied to the Fair Work Commission for approval of a Single Enterprise Agreement. The respondent, Queensland Automotive Mechanical and Electrical Union, objected to the application on the basis that it did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the application complied with the relevant provisions of the Act. Specifically, the Commission had to determine if the agreement was made in good faith and whether it contained the necessary terms and conditions.

The Commission found that the application met the requirements of the Act. The agreement was deemed to be made in good faith, as it was the result of genuine negotiations between the parties. Furthermore, the agreement contained all the necessary terms and conditions, including provisions on wages, hours of work, and other employment-related matters. Consequently, the application was approved, and the Single Enterprise Agreement was registered.

The Fair Work Commission approved the application and registered the Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich Single Enterprise Agreement. This decision ensures that the agreement is legally binding and enforceable between the parties.

Hesser Pty Ltd T/A Bob Jane Tmart - Ipswich

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established