DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tanner, Harvey and Pavy Pty Ltd T/A Specialist Doors and Windows Etc
(AG2018/5163)

TANNER, HARVEY AND PAVY PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2019

Application for approval of the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tanner, Harvey and Pavy Pty Ltd T/A Specialist Doors and Windows Etc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 13 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Tanner, Harvey and Pavy Pty Ltd trading as Specialist Doors and Windows, and the Australian Building and Construction Commission. The Commission applied to the Fair Work Commission for approval of the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2018, which had been registered by the Commission under section 231 of the Fair Work Act 2009. The legal issues before the Court were whether the agreement was in the public interest and whether it was appropriate to make orders approving the agreement.

The Court found that the agreement was in the public interest, as it provided for the orderly resolution of workplace disputes and contributed to industrial peace and the efficient conduct of industrial relations. The agreement included provisions for the resolution of disputes between employees and the employer, as well as provisions for the protection of employees' rights and entitlements. The Court also found that the agreement was appropriate to be approved, as it provided for a fair and reasonable resolution of any disputes that may arise between the employer and employees, and provided for the protection of employees' rights and entitlements.

Accordingly, the Court approved the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2018, and made orders approving the agreement. The Court found that the agreement was in the public interest and was appropriate to be approved. The orders included the approval of the agreement, and the registration of the agreement under section 179 of the Fair Work Act 2009.

Tanner, Harvey and Pavy Pty Ltd T/A Specialist Doors and Windows Etc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established