Tasman Sinkware Pty Ltd

[2014] FWCA 2230

FAIR WORK COMMISSION

DECISION

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

Tasman Sinkware Pty Ltd
(AG2014/743)

TASMAN SINKWARE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 8 APRIL 2014

Tasman Sinkware Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tasman Sinkware Pty Ltd Employee Collective Agreement 2014 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tasman Sinkware Pty Ltd was involved in a dispute with its employees over the terms of the Employee Collective Agreement 2014. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the employer had the right to unilaterally implement changes to the employees' working conditions, specifically in relation to shift patterns and overtime entitlements, without prior negotiation or agreement with the employees or their representatives.

The Commission considered the nature of the Employee Collective Agreement 2014 and whether it allowed for unilateral changes by the employer. It was noted that the agreement contained provisions regarding the process for variations to the agreement and the requirement for the employer to consult with the employees' representatives. The Commission examined whether the employer's actions complied with these provisions and whether the changes were procedurally fair.

After reviewing the evidence and the relevant provisions of the agreement, the Commission determined that the employer had not followed the required consultation process and that the unilateral changes were not procedurally fair. The Commission found that the employer had breached the agreement and ordered the employer to cease the implementation of the changes and to re-enter into negotiations with the employees' representatives. The Commission further ordered that the employees' entitlements under the agreement be reinstated and that appropriate compensation be paid to the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established