Tacoma Townsville Pty Ltd Summary

[2014] FWCA 6744

FAIR WORK COMMISSION

DECISION

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

Tacoma Townsville Pty Ltd
(AG2014/7351)

TACOMA TOWNSVILLE PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 SEPTEMBER 2014

Application for approval of the Tacoma Townsville Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tacoma Townsville Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 2 October 2014. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tacoma Townsville Pty Ltd, sought approval of the Enterprise Agreement 2014 under the Fair Work Act 2009. The dispute involved the classification of certain workers within the company. The case was heard in the Fair Work Commission.

The primary legal issues were whether the classification of certain workers as "Production Operators" was fair and whether the terms and conditions outlined in the Enterprise Agreement were reasonable and in line with the relevant industrial standards. The applicant argued that the classification was necessary for operational efficiency and that the agreement provided fair terms. The objectors contended that the classification was misleading and that the terms of the agreement were unfair to the workers.

The Fair Work Commission examined the nature of the work performed by the workers in question and the rationale behind the classification as "Production Operators". The Commission found that the classification was appropriate given the nature of the work, and the duties associated with the role. The Commission also considered the overall fairness of the terms and conditions in the agreement, including pay rates, hours of work, and other entitlements. The Commission determined that the agreement provided fair and reasonable terms for the workers.

The Fair Work Commission approved the Enterprise Agreement 2014, finding that the classification of workers as "Production Operators" was fair and that the terms of the agreement were reasonable. The Commission's decision was based on the evidence presented by both parties and the relevant provisions of the Fair Work Act 2009.

Tacoma Townsville Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established