Tabeel Trading Nominees Pty Ltd Atf Tabeel Trading Trust T/A Tabeel Trading Nominees Pty Ltd

[2024] FWCA 3854

[2024] FWCA 3854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tabeel Trading Nominees Pty Ltd Atf Tabeel Trading Trust T/A Tabeel Trading Nominees Pty Ltd

(AG2024/3695)

TABEEL TRADING NOMINEES PTY LTD ENTERPRISE AGREEMENT 2023

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 4 NOVEMBER 2024

Application for approval of the Tabeel Trading Nominees Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Tabeel Trading Nominees Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tabeel Trading Nominees Pty Ltd Atf Tabeel Trading Trust T/A Tabeel Trading Nominees Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 15 October 2024.

1. On 16 October 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement contains a duplicate Clause 8.3 and Schedule B. Pursuant to s.586 of the Act, the numbering of the Agreement is corrected.

1. The Applicant has submitted an undertaking in the required form dated 25 October 2024. The undertaking deals with the following topics:

·  Despite Schedule B, the Workplace delegates’ rights contained in the Timber Industry Award 2020 is taken to be a term of the Agreement.

·  The maximum weekly hours will be 38 hours however the hourly base rate has been calculated to compensate for overtime hours up to 60 hours per week with superannuation.

·  The Timber Industry Award 2020 is incorporated.

·  Despite Clause 6.1.6, employees will not be required to work Saturdays.

·  Employees working on a Public Holiday will be paid a loading of 250%.

·  In respect of better off overall issues relating to overtime, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery.[1]

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 November 2028.

COMMISSIONER

[1] [2017] FWCFB 1664

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