TANNER HARVEY & PAVY PTY LTD ENTERPRISE AGREEMENT 2013 Summary

[2014] FWCA 944

FAIR WORK COMMISSION

DECISION

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

Tanner Harvey & Pavy Pty Ltd
(AG2013/12218)

TANNER HARVEY & PAVY PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 FEBRUARY 2014

Application for approval of the Tanner Harvey & Pavy Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tanner Harvey & Pavy Pty Ltd Enterprise Agreement 2013 (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 & Pavy Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“1. Employees will not be required to work in excess of an average of 15 hours overtime each week without additional payments being made to them.

2. The additional payment would be based on the overtime rate that would otherwise be applicable under the relevant award for hours worked in excess of the average of 15 per week.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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 18 February 2014. The nominal expiry date of the Agreement is 17 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tanner Harvey & Pavy Pty Ltd sought approval of the Tanner Harvey & Pavy Pty Ltd Enterprise Agreement 2013. The applicant's employees were covered by the agreement and were members of the Electrical Trades Union of Australia. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 (Cth). The union, however, contended that the agreement did not meet the requirements of the Act and should not be approved. The union also applied for a direction that the agreement be sent to a registered bargaining representative for negotiation.

The court had to determine whether the agreement was a genuine enterprise agreement as defined by section 172 of the Act. The court had to consider whether the agreement had been made without coercion, contained the terms that were necessary to protect the employees' interests, and had been made in good faith. The court also had to determine whether the agreement complied with the minimum terms and conditions set out in the Act.

The court found that the agreement was a genuine enterprise agreement. The court found that the agreement had been made without coercion and contained the terms necessary to protect the employees' interests. The court found that the agreement had been made in good faith and complied with the minimum terms and conditions set out in the Act. The court approved the agreement and set its nominal expiry date as 17 February 2018.

The court ordered that the agreement be approved and would operate from 18 February 2014. The court also ordered that the agreement be sent to a registered bargaining representative for negotiation if the union's application was successful.

TANNER HARVEY & PAVY PTY LTD ENTERPRISE AGREEMENT 2013

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established