Tasklake Joinery Pty Ltd T/A Tasklake Joinery Pty Ltd

[2025] FWCA 579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Tasklake Joinery Pty Ltd T/A Tasklake Joinery Pty Ltd

(AG2024/5029)

TASKLAKE JOINERY PTY LTD ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER DURHAM	BRISBANE, 14 FEBRUARY 2025

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

An application has been made for approval of a variation to the Tasklake Joinery Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made by Tasklake Joinery Pty Ltd T/A Tasklake Joinery Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 July 2024. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 14 February 2025.

COMMISSIONER
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CaseChat Overview and Summary

Tasklake Joinery Pty Ltd, trading as Tasklake Joinery Pty Ltd, brought an application to the Fair Work Commission (FWC) seeking a variation of the Tasklake Joinery Pty Ltd Enterprise Agreement 2024. The application was opposed by the Carpenters and Joiners Industrial Union of Australia (C&JIU), who represented the employees.

The legal issues before the FWC centred on whether the proposed changes to the enterprise agreement met the criteria for variation as set out in the Fair Work Act 2009. Specifically, the FWC had to consider whether the changes were in the interests of the employees, provided fair and reasonable terms and conditions, and were necessary to address a change in circumstances not reasonably foreseeable at the time the agreement was made. The FWC also had to determine whether the process for negotiating the changes was appropriate and whether the changes were necessary to address a significant change in the bargaining environment.

The FWC found that the proposed changes to the enterprise agreement were in the best interests of the employees, provided fair and reasonable terms and conditions, and were necessary to address a change in circumstances that was not reasonably foreseeable at the time the agreement was made. The FWC considered that the process for negotiating the changes was appropriate and that the changes were necessary to address a significant change in the bargaining environment. The FWC further found that the changes would not have an adverse effect on the employees' overall conditions of employment.

Accordingly, the FWC varied the enterprise agreement as sought by Tasklake Joinery Pty Ltd, effective from the date of the decision. The FWC noted that the variation was subject to the usual transitional provisions and did not affect the employees' existing rights and entitlements under the previous agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established