DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Carpet Company Tas Pty Ltd
(AG2017/4121)

THE CARPET COMPANY TAS PTY LTD ENTERPRISE AGREEMENT 2017 – 2021

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Carpet Company Tas Pty Ltd Enterprise Agreement 2017 – 2021.

[1] An application has been made for approval of an enterprise agreement known as the Carpet Company Tas Pty Ltd Enterprise Agreement 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Carpet Company Tas Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 3 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Carpet Company Tas Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms of the proposed agreement, which aimed to regulate the employment conditions for various employees within the company. The case was heard by the Fair Work Commission, an Australian federal statutory authority.

The legal issues that the Commission was required to address included whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it adhered to the procedural requirements of the Act.

In reaching its decision, the Fair Work Commission carefully examined the proposed agreement, considering the balance of rights and obligations between the employer and employees. The Commission assessed the fairness of the terms and conditions outlined in the agreement, taking into account factors such as the nature of the work, the level of skill required, and the market rates for similar positions. Additionally, the Commission ensured that the agreement had been negotiated in good faith and that appropriate consultation had taken place. Ultimately, the Commission found that the proposed agreement complied with the statutory requirements and approved it as a registered enterprise agreement.

The final orders of the Fair Work Commission confirmed the approval of the Carpet Company Tas Pty Ltd Enterprise Agreement 2017 – 2021, which will govern the employment terms and conditions of the relevant employees for the specified period.

The Carpet Company Tas Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established