Tasklake Joinery Pty Ltd

[2024] FWCA 2507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Tasklake Joinery Pty Ltd

(AG2024/2202)

TASKLAKE JOINERY PTY LTD ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER DURHAM	BRISBANE, 5 JULY 2024

Application for approval of the Tasklake Joinery Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tasklake Joinery Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasklake Joinery Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tasklake Joinery Pty Ltd, an Australian company, sought approval of the Enterprise Agreement 2024 with its employees, who were represented by a union. The application was heard in the Fair Work Commission. The dispute centred on the compliance of the proposed agreement with the Fair Work Act 2009, specifically whether the agreement met the requirements for good faith bargaining, and if it provided fair and reasonable terms and conditions of employment. The union argued that certain provisions in the agreement did not adequately protect the employees' rights and interests, while the company contended that the agreement was a fair and reasonable outcome of good faith negotiations.

The central legal issues for the Commission to decide were whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms. The Commission examined whether the parties had genuinely attempted to agree, and if the agreement was fairly and reasonably negotiated. The Commission also considered whether the agreement met the "better off overall test," ensuring that the employees were not worse off financially under the new agreement. Additionally, the Commission reviewed whether the agreement contained provisions that were consistent with the Fair Work Act and the National Employment Standards.

In its decision, the Commission found that the agreement was the product of genuine negotiation between the parties, as evidenced by the extensive discussions and compromises made. The Commission determined that the agreement provided fair and reasonable terms, and it met the better off overall test. The Commission also found that the agreement did not contain any provisions that were inconsistent with the Fair Work Act or the National Employment Standards. Consequently, the Commission approved the Enterprise Agreement 2024, finding it to be fair and reasonable. The approval of the agreement was subject to the parties' adherence to the terms and conditions set out in the agreement.

The Commission made an order approving the Enterprise Agreement 2024, effective from the date of the decision. The order mandated that the company and the union ensure that the agreement was implemented in accordance with its terms. The company was required to provide the union with all necessary information and facilities to enable the union to monitor compliance with the agreement. The union was required to ensure that its members complied with the terms of the agreement. The order also provided that the agreement would be registered with the Fair Work Commission and would be binding on all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established