DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tabak Pty Ltd
(AG2019/181)

TABAK PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 MAY 2019

Application for approval of the Tabak Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Tabak Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tabak Pty Ltd. 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. 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.

[3] The Agreement was approved on 6 May 2019 and, in accordance with s.54, will operate from 13 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Tobacco Manufacturers Association for approval of the Tabak Pty Ltd Enterprise Agreement 2019-2023, the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of employment, particularly regarding wages, working hours, and other employment-related matters. The Tobacco Manufacturers Association, representing the employer, argued that the agreement was fair and reasonable, while the Australian Manufacturing Workers Union, representing the employees, contended that certain provisions were not in the best interest of the workforce.

The central legal issues before the Commission included whether the agreement was a "small business enterprise agreement" within the meaning of the Fair Work Act, and if it contained the necessary "modern award terms and conditions" as required by the legislation. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated and if it provided for the proper protection of employees' interests, including minimum wage rates, penalty rates, and conditions such as leave entitlements.

The Fair Work Commission found that the agreement was indeed a small business enterprise agreement and contained the requisite modern award terms and conditions. The Commission concluded that the agreement had been genuinely negotiated between the parties and provided adequate protections for employees, including compliance with minimum wage rates and other entitlements. The Commission approved the agreement, emphasising the importance of fair and reasonable terms for both employers and employees in the context of a small business enterprise. The decision highlighted the Commission's role in ensuring that enterprise agreements align with the objectives of the Fair Work Act while balancing the interests of both parties involved.

Tabak 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