Tasplan Ltd

[2013] FWCA 9627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasplan Ltd
(AG2013/10762)

TASPLAN LTD ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 DECEMBER 2013

Application for approval of the Tasplan Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasplan Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Tasplan Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 12 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Tasplan Ltd, the applicant sought approval of the Tasplan Ltd Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose between the applicant and the registered union, which was the relevant union for the employees covered by the agreement. The applicant, Tasplan Ltd, was a company involved in the provision of planning services, and the agreement sought to regulate the employment terms and conditions of its employees. The union, representing the employees, contested the approval of the agreement on various grounds.

The central legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions regarding the registration of enterprise agreements and the procedural fairness in the negotiation process. The court had to determine if the agreement was fairly negotiated and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to assess if there were any procedural irregularities in the negotiation and approval process that could render the agreement invalid.

The court examined the evidence presented by both parties, including the negotiation process, the content of the agreement, and any procedural issues. It was found that the agreement was fairly negotiated and contained all the required minimum terms and conditions. The court also determined that there were no procedural irregularities that would invalidate the agreement. Consequently, the court approved the Tasplan Ltd Enterprise Agreement 2013, finding it to be compliant with the Fair Work Act 2009.

The final orders of the court were that the Tasplan Ltd Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The court directed that the agreement would be in effect from the date of registration and would govern the employment terms and conditions of the employees covered by the agreement. The union's objections were dismissed, and the applicant's application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established