DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasplan Pty Ltd T/A Tasplan
(AG2017/5956)

TASPLAN ENTERPRISE AGREEMENT 2018-2021

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JANUARY 2018

Application for approval of the Tasplan Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Tasplan Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasplan Pty Ltd T/A Tasplan. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Finance Sector Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 5 January 2018 and, in accordance with s.54, will operate from 12 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tasplan Pty Ltd trading as Tasplan, the applicant sought approval of the Tasplan Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission. The dispute centred around whether the agreement, which aimed to regulate employment terms and conditions, was in compliance with the Fair Work Act 2009. This involved scrutiny of whether the agreement was made in good faith and whether it met the requirements of a registered agreement, including provisions for employee representation and dispute resolution.

The legal issues the court needed to address were whether the agreement had been genuinely bargained for between the employer and the employees, and whether it complied with the various statutory requirements set forth in the Fair Work Act. Key concerns included the process through which the agreement was negotiated and whether it contained all the necessary minimum terms as prescribed by the Act. Additionally, the court had to determine if there were any provisions that unfairly disadvantaged employees.

In its reasoning, the Commission examined the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated and contained all the mandated minimum terms. The employer had provided satisfactory evidence of the negotiation process and the agreement's compliance with the Act. Consequently, the Commission approved the Tasplan Enterprise Agreement 2018-2021, finding it to be a genuine and compliant agreement.

As a result of the decision, the Tasplan Enterprise Agreement 2018-2021 was approved and registered. The Commission's approval means that the agreement is now legally binding on both the employer and the employees covered by the agreement, ensuring that it governs their employment terms and conditions for the specified period.

Tasplan Pty Ltd T/A Tasplan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established