"TASMANIA'S OWN" REDLINE EMPLOYEE COLLECTIVE AGREEMENT 2013

[2013] FWCA 9103

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Tasmanian Redline Coaches Pty Ltd
(AG2013/2999)

"TASMANIA'S OWN" REDLINE EMPLOYEE COLLECTIVE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 6 NOVEMBER 2014

Application for approval of the "Tasmania's own" Redline Employee Collective Agreement 2013.

[1] The decision issued by the Fair Work Commission on 19 November 2013 [[2013] FWCA 9103] is corrected as follows:

1. By deleting the date “26 November 2017” where it appears in paragraph [5] of the decision and replacing it with the date “26 November 2014”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Tasmanian Redline Coaches Pty Ltd to approve the "Tasmania's Own" Redline Employee Collective Agreement 2013. This application was heard by Commissioner Riordon in Sydney on 6 November 2014. The agreement was being sought to be applied to the employees of Tasmanian Redline Coaches Pty Ltd, who are involved in the vehicle industry. The primary issue before the court was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the approval process for single-enterprise agreements.

The court needed to determine whether the agreement met the necessary criteria under section 185 of the Fair Work Act 2009. This included assessing whether the agreement was in writing, had been made by the employer and the relevant employees, and whether it contained certain prescribed terms. Additionally, the court examined if the agreement was made in good faith and whether it provided for the minimum entitlements set out in the Act. The court also considered whether the agreement would facilitate the improvement of workplace relations and the protection of employees' rights and interests.

Upon reviewing the evidence and arguments presented, the Commission concluded that the "Tasmania's Own" Redline Employee Collective Agreement 2013 was in compliance with the statutory requirements. The Commission approved the agreement, finding that it contained all the necessary prescribed terms and was made in good faith. The Commission also determined that the agreement would enhance workplace relations and protect the employees' rights and interests. Consequently, the Commission granted the approval of the agreement, correcting a date error in the initial decision to reflect the correct date of 26 November 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established