Ms Tammy Tremble

[2013] FWCA 6649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ms Tammy Tremble
(AG2013/8714)

LITTLE TACKERS ENTERPRISE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	PERTH, 5 SEPTEMBER 2013

Application for approval of the Little Tackers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little Tackers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ms Tammy Tremble. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Tammy Tremble applied to the Fair Work Commission (FWC) for approval of the Little Tackers Enterprise Agreement 2013. The application arose from a dispute between Ms Tremble and Little Tackers, regarding the terms of the proposed enterprise agreement. The nature of the dispute involved the interpretation and application of the Fair Work Act 2009 and the relevant provisions of the proposed agreement.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the FWC had to determine if the agreement was made in good faith, if it covered employees who were willing to be covered, and if it contained terms that were procedurally and substantively fair. The FWC also needed to consider if the agreement met the statutory requirements for coverage and the public interest test.

In reaching its decision, the FWC examined the evidence and submissions provided by both parties. The FWC considered the negotiation process, the terms of the agreement, and the implications for the employees. The FWC concluded that the agreement was made in good faith and that it covered employees who were willing to be covered. The FWC found that the agreement contained terms that were procedurally and substantively fair and met the statutory requirements for coverage. The FWC also determined that the agreement satisfied the public interest test.

The FWC approved the Little Tackers Enterprise Agreement 2013, subject to certain modifications. The modifications were aimed at ensuring that the agreement complied with the Fair Work Act and protected the interests of the employees. The FWC's decision provided clarity on the interpretation and application of the Fair Work Act in relation to the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established