Tate Access Floors Pty Limited Summary

[2014] FWCA 1171

FAIR WORK COMMISSION

DECISION

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

Tate Access Floors Pty Limited
(AG2014/101)

TATE ACCESS FLOORS PTY. LTD. ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Tate Access Floors Pty. Ltd. Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Tate Access Floors Pty. Ltd. Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tate Access Floors Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Tate Access Floors Pty Limited applied for approval of the Tate Access Floors Pty. Ltd. Enterprise Agreement 2014 - 2018. The application was opposed by the Australian Manufacturing Workers Union. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement, including wage rates, penalty rates, and other working conditions.

The primary legal issues the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it had been fairly negotiated. The court also considered whether the agreement provided for appropriate protections for employees, and whether it adhered to the relevant industrial laws and regulations.

The court found that the proposed agreement was fair and reasonable, and had been negotiated in good faith. The court considered the evidence provided by both parties and found that the agreement provided for appropriate protections for employees, including adequate wage rates and penalty rates. The court also found that the agreement met the requirements of the Fair Work Act 2009 and was in compliance with relevant industrial laws and regulations. The court approved the application for registration of the enterprise agreement.

The final orders of the court were that the Tate Access Floors Pty. Ltd. Enterprise Agreement 2014 - 2018 be approved and registered under the Fair Work Act 2009. The court noted that the agreement would come into effect on the date of registration and would remain in force until the end of the agreed term. The court also noted that any disputes arising under the agreement would be resolved in accordance with the relevant industrial laws and regulations.

Tate Access Floors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established