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

Case [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

Printed by authority of the Commonwealth Government Printer

<AE526645  PR780915>

Details
AGLC
Tabeel Trading Nominees Pty Ltd Atf Tabeel Trading Trust T/A Tabeel Trading Nominees Pty Ltd [2024] FWCA 3854
Case
[2024] FWCA 3854
Decision Date

CaseChat Overview and Summary

The case before the Fair Work Commission involved Tabeel Trading Nominees Pty Ltd, represented by their trustee, seeking approval of the Tabeel Trading Nominees Pty Ltd Enterprise Agreement 2023. The dispute centred on the terms and conditions of employment outlined in the proposed agreement and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing the agreement's fairness and compliance with the law.

The primary legal issues before the Commission were whether the proposed enterprise agreement was "genuinely agreed" by the parties, whether it met the "better off overall test", and whether it complied with the various statutory minima set out in the Fair Work Act. The Commission also considered whether the agreement appropriately balanced the interests of the employees and the employer, and whether it provided adequate protections and benefits in line with contemporary workplace standards.

The Fair Work Commission found that the proposed agreement was genuinely negotiated and met the "better off overall test", which required that employees be no worse off and at least some employees better off financially under the new agreement. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission approved the Tabeel Trading Nominees Pty Ltd Enterprise Agreement 2023, finding it to be compliant with the statutory requirements and fair to both parties involved.

The final orders of the Commission included the approval of the Tabeel Trading Nominees Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Tabeel Trading Nominees Pty Ltd. The Commission's decision ensured that the agreement would provide a clear and fair framework for the employer and employees to follow, promoting harmonious workplace relations and compliance with the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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