DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INCAT TASMANIA PTY LTD
(AG2019/2658)

THE INCAT TASMANIA PTY. LTD. TEAM LEADER AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2019

Application for approval of the The Incat Tasmania Pty. Ltd. Team Leader Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the The Incat Tasmania Pty. Ltd. Team Leader Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by INCAT TASMANIA PTY LTD. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2019. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Incat Tasmania Pty Ltd, applied for approval of the Incat Tasmania Pty. Ltd. Team Leader Agreement 2019. The applicant sought to have the agreement registered with the Fair Work Commission under section 231 of the Fair Work Act 2009. The dispute arose from the negotiation and proposed registration of an enterprise agreement, which was intended to cover team leaders within the applicant’s workforce.

The central legal issue before the Commission was whether the agreement met the necessary criteria for registration under the Fair Work Act. This required the Commission to assess whether the agreement had been fairly negotiated and if it complied with the provisions of the Act, particularly in relation to the terms and conditions of employment for team leaders. The Commission had to consider the process of negotiation, the content of the agreement, and whether it adhered to the requirements set forth by the Fair Work Act.

The Commission determined that the agreement had been fairly negotiated in accordance with the Fair Work Act. The evidence presented demonstrated that the applicant had engaged in good faith bargaining with the relevant union. The terms of the agreement were found to be consistent with the provisions of the Act and did not contain any provisions that would be contrary to public policy. As such, the Commission approved the registration of the agreement, finding it to be compliant with all legal requirements.

The Fair Work Commission approved the registration of the Incat Tasmania Pty. Ltd. Team Leader Agreement 2019. This decision was made on the basis that the agreement was fairly negotiated and met all the statutory requirements for registration under the Fair Work Act. The Commission's approval ensures that the terms of the agreement will be legally binding on the parties involved.

INCAT TASMANIA PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established