Tabak Pty Ltd

[2014] FWCA 4704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tabak Pty Ltd
(AG2014/1279)

TABAK PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the Tabak Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tabak Pty Ltd Enterprise Agreement 2014-2018 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Tabak Pty Ltd, an employer, and a number of its employees, who were represented by the United Voice union. The dispute centred around the approval of the Tabak Pty Ltd Enterprise Agreement 2014-2018, which was to be reviewed and potentially approved by the Fair Work Commission. The Commission, through its General Division, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement provided a safety net of minimum entitlements, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement was procedurally fair, including whether proper consultation had occurred between the parties.

In assessing the agreement, the Commission examined the terms and conditions it contained, the bargaining process, and the evidence provided by both the employer and the union. The Commission found that the agreement met all the statutory requirements, including providing a safety net of minimum entitlements and being free from prohibited content. It was also determined that the agreement was made in good faith and that the bargaining process was procedurally fair. Consequently, the Commission approved the Tabak Pty Ltd Enterprise Agreement 2014-2018, enabling it to take effect from the date of the decision.

The Fair Work Commission's decision resulted in the approval of the Tabak Pty Ltd Enterprise Agreement 2014-2018, which now governs the employment conditions between the employer and the employees. This ruling ensures that the agreement is legally binding and enforceable, providing clarity and stability in the employer-employee relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established