DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Territory Tile and Stone Pty Ltd T/A Territory Tile and Stone
(AG2016/1209)

TERRITORY TILE AND STONE PTY LTD ABN 35 600 885 916 ENTERPRISE AGREEMENT 2016 - 2018

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2016

Application for approval of the Territory Tile and Stone Pty Ltd ABN 35 600 885 916 Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Territory Tile and Stone Pty Ltd ABN 35 600 885 916 Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Territory Tile and Stone Pty Ltd T/A Territory Tile and Stone. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 8 June 2016 and, in accordance with s.54, will operate from 15 June 2016. The nominal expiry date of the Agreement is 7 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Territory Tile and Stone Pty Ltd, trading as Territory Tile and Stone, applied for the approval of an Enterprise Agreement for the years 2016 to 2018. The application was made to the Fair Work Commission (FWC), where the dispute centred around the terms and conditions outlined in the proposed agreement. The matter was heard by the Commission's Deputy President, Dr D A Grice, and Deputy President C J Hehir.

The central legal issues the court had to address involved the fairness and validity of the proposed enterprise agreement. The FWC had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the FWC had to consider the application of relevant awards and whether the agreement complied with the 'better off overall test' (BOOT) to ensure employees were not worse off financially under the new agreement compared to their previous terms.

The FWC, after reviewing the evidence and submissions, found that the enterprise agreement met the necessary criteria for approval. The agreement was deemed to have been made in good faith and contained terms and conditions that were fair and reasonable. The FWC also determined that the agreement complied with the BOOT, ensuring that employees were not disadvantaged financially. The FWC further noted that the agreement appropriately reflected the modern working conditions and provided for necessary flexibility and efficiency improvements. Consequently, the FWC approved the application for the enterprise agreement to be registered.

The final orders of the FWC included the approval and registration of the Territory Tile and Stone Pty Ltd Enterprise Agreement 2016 - 2018, effective from 1 January 2016. The agreement was to be binding on all employees covered by the agreement and any relevant awards. The FWC's decision affirmed the legitimacy and fairness of the proposed terms, providing a stable and legally compliant framework for the employer and employees.

Territory Tile and Stone Pty Ltd T/A Territory Tile and Stone

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established