DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incat Tasmania Pty Ltd
(AG2016/2599)

THE INCAT TASMANIA PTY. LTD. TEAM LEADER AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2016

Application for approval of The Incat Tasmania Pty. Ltd. Team Leader Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as The Incat Tasmania Pty. Ltd. Team Leader Agreement, 2016. (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 19 April 2016 and, in accordance with s.54, will operate from 26 April 2016. The nominal expiry date of the Agreement is 19 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Incat Tasmania Pty Ltd Team Leader Agreement, 2016. The applicant, Incat Tasmania Pty Ltd, sought approval from the Fair Work Commission under section 234 of the Fair Work Act 2009. The respondent, Maritime Officers’ Association of Australia, opposed the application on various grounds, including the appropriateness of the agreement’s terms and its compliance with the Act.

The legal issues before the Commission included whether the agreement provided for fair and appropriate terms and conditions for team leaders, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement met the criteria for an enterprise agreement under the Act, such as being in writing, not being discriminatory, and being made in good faith. Additionally, the Commission had to consider whether the agreement’s terms were consistent with the Fair Work Act’s objectives and principles, particularly in relation to the treatment of employees and the prevention of industrial disputes.

The Commission found that the Incat Tasmania Pty Ltd Team Leader Agreement, 2016, met the requirements of the Fair Work Act. It was in writing, did not contain any discriminatory provisions, and was made in good faith. The Commission also noted that the agreement’s terms were fair and appropriate, providing for reasonable working conditions and adequate protections for team leaders. The Commission approved the agreement, concluding that it complied with the Act and would not lead to unfair treatment of employees or industrial disputes. Consequently, the Commission granted the application for approval of the agreement.

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