DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Canberra Tradesmen’s Union Club and the Woden Tradesmen’s Union Club T/A The Dickson Tradies
(AG2016/7232)

TRADIES GROUP AND UNITED VOICE HOTELS AND CLUBS AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Tradies Group and United Voice Hotels and Clubs Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tradies Group and United Voice Hotels and Clubs Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Canberra Tradesmen’s Union Club T/A The Dickson Tradies. 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, 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] 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.

[5] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter before the Australian Capital Territory Civil and Administrative Tribunal, the parties involved were the Canberra Tradesmen’s Union Club and the Woden Tradesmen’s Union Club, the latter trading as The Dickson Tradies. The dispute centred around the application for approval of the Tradies Group and United Voice Hotels and Clubs Agreement 2016. The Clubs were seeking approval for this agreement, which was intended to standardise terms and conditions of employment across the Tradies Group entities.

The primary legal issues before the tribunal were whether the proposed agreement was in accordance with the requirements of the Industrial Relations Act 1995 and whether it was fair and reasonable for the employees covered by it. The tribunal needed to examine if the agreement met the statutory criteria for approval, such as whether it provided for minimum terms of employment and if it was not detrimental to the employees' interests. Additionally, the tribunal considered if the agreement was appropriately negotiated and whether it adhered to the principles of good faith bargaining.

The tribunal found that the proposed agreement complied with the statutory requirements and was fair and reasonable for the employees. It was concluded that the agreement provided for minimum terms of employment and was not detrimental to the employees' interests. The tribunal also determined that the agreement was appropriately negotiated and adhered to the principles of good faith bargaining. Consequently, the tribunal approved the application for the Tradies Group and United Voice Hotels and Clubs Agreement 2016.

The tribunal's final order was that the Tradies Group and United Voice Hotels and Clubs Agreement 2016 be approved and registered, effective from the date of the tribunal's decision. This decision ensured that the agreement would govern the employment conditions of the employees within the Tradies Group entities, providing clarity and consistency across the group.

The Canberra Tradesmen’s Union Club and the Woden Tradesmen’s Union Club T/A The Dickson Tradies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established