South East Queensland Tilt Tray Pty Ltd Summary

[2025] FWCA 594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South East Queensland Tilt Tray Pty Ltd

(AG2025/167)

SOUTH EAST QUEENSLAND TILT TRAY PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2025

Application for approval of the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 February 2025. The nominal expiry date of the Agreement is 13 February 2029.

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 applied for approval of the South East Queensland Tilt Tray Pty Ltd Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for workers within the company, focusing on wage rates, leave entitlements, and other employment-related provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement complied with the statutory minimum standards set out in the Fair Work Act, including provisions related to minimum wages, penalty rates, and other entitlements. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees. Additionally, the Commission examined whether the agreement included adequate provisions for the resolution of disputes and the protection of employees' rights.

After reviewing the evidence and arguments presented by the parties, the Fair Work Commission determined that the agreement substantially complied with the statutory requirements. The Commission found that the agreement met the criteria for genuine negotiation and was in the best interests of the employees. The Commission approved the agreement, acknowledging that it provided for fair and reasonable terms and conditions of employment while ensuring compliance with the relevant legislative standards. The decision was made in the interests of maintaining a balanced approach to the rights of both employers and employees.

South East Queensland Tilt Tray Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established