Tasman Sinkware Pty Ltd

[2017] FWCA 6214

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tasman Sinkware Pty Ltd

(AG2017/4138)

Tasman Sinkware Pty Ltd Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the Tasman Sinkware Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Tasman Sinkware Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasman Sinkware Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 23 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Tasman Sinkware Pty Ltd, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, presided over by Deputy President J. The nature of the dispute centred around whether the proposed enterprise agreement contained provisions that were fair and reasonable in all aspects, and whether it complied with the statutory requirements outlined in the Fair Work Act.

The legal issues that the commission was required to decide included whether the agreement was genuinely negotiated, if it contained terms that were fair and reasonable, and if it complied with the specific statutory provisions concerning matters such as minimum wage rates, penalty rates, and notice periods. Furthermore, the commission needed to assess whether the agreement covered all necessary aspects of the employment relationship and did not exclude any issues that should be covered by the agreement.

The commission carefully examined the negotiation process, the content of the agreement, and the submissions from both parties. It found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The commission noted that the agreement met all statutory requirements and addressed the necessary aspects of the employment relationship. Consequently, the commission approved the Tasman Sinkware Pty Ltd Enterprise Agreement 2017, finding that it was fair and reasonable in all respects and complied with the statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established