Tasman Sinkware Pty Ltd Summary

[2013] FWCA 410

FAIR WORK COMMISSION

DECISION

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

Tasman Sinkware Pty Ltd
(AG2012/14219)

TASMAN SINKWARE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 17 JANUARY 2013

Application for approval of the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012 (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] The employer has provided an undertaking in the following terms:

“... I give you my undertaking that the minimum base rate for any of our Level 1 (C13) staff will be $721.50 per week, after the agreement is approved.

Classification	Role	Minimum Base Weekly Award Rate	Minimum Base Weekly Tasman Sinkware ECA 2012 Rate*
Level 1 (C13)	Production Worker	$624.00	$721.50
Level 2 (C12)	Store Person	$648.00	$750.00
Level 3 (C10)	Tradesperson	$706.10	$850.00
Level 4 (C9)	Production Supervisor	$728.30	$900.00

* The Tasman Sinkware Base Weekly Rate includes the 2012 wage increase of $22.50 (effective after Agreement is approved)”

[3] As a result, the above undertakings are 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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2013. The nominal expiry date of the Agreement is 24 January 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Tasman Sinkware Pty Ltd contested the application for approval of the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in relation to minimum pay rates, penalty rates, and other employment conditions.

The legal issues before the Commission included whether the proposed agreement provided fair and reasonable terms for employees and whether it met the requirements of the Act, including the "better off overall test." The Commission had to assess whether the agreement would leave employees better off overall compared to their previous conditions and whether the agreement was consistent with the principles of the Act.

The Commission found that the proposed agreement did meet the better off overall test, as it provided employees with improved conditions, including increased pay rates and better leave entitlements. The Commission also determined that the agreement was consistent with the principles of the Act and did not contravene any provisions. Consequently, the Commission approved the Tasman Sinkware Pty Ltd Employee Collective Agreement 2012, finding it to be fair and reasonable for the employees.

Tasman Sinkware Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established