DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Queensland Tilt Tray Pty Ltd; South East Queensland Tilt Tray Pty Ltd
(AG2018/6154)

SOUTH EAST QUEENSLAND TILT TRAY PTY LTD ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 APRIL 2019

Application for approval of the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by South East Queensland Tilt Tray Pty Ltd; South East Queensland Tilt Tray Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, South East Queensland Tilt Tray Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, were parties to an enterprise agreement dispute. The union sought approval of the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2018, which it had negotiated with the employer. The employer argued against the approval, contending that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the terms of the proposed agreement complied with the Fair Work Act. The court needed to determine if the agreement was a "single, written agreement" that covered all employees, and if it contained all the necessary minimum terms as stipulated by the Act. The union argued that the agreement was fair and met all statutory requirements, while the employer raised several objections, including the lack of certain minimum terms and the absence of a provision allowing for future changes.

The commission examined the agreement in detail, assessing whether it satisfied the legislative criteria for approval. It considered the scope of the agreement, its coverage of all employees, and the inclusion of all required minimum terms. The commission found that while the agreement was comprehensive and addressed most issues, it was deficient in certain areas, such as the lack of a specific clause regarding the payment of wages for public holidays. Despite these shortcomings, the commission concluded that the overall fairness of the agreement outweighed the minor deficiencies. The agreement was approved with conditions that required the employer to address the identified issues within a specified timeframe.

The final orders included the approval of the enterprise agreement, subject to the employer making necessary amendments within 60 days to ensure full compliance with the Fair Work Act. The union and employer were directed to work collaboratively to resolve any outstanding issues. This decision underscores the importance of ensuring that enterprise agreements meet all legal requirements, while also recognising the need for flexibility and fairness in industrial relations.

South East Queensland Tilt Tray Pty Ltd; South East Queensland Tilt Tray 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