Tidepool Pty Ltd

[2016] FWCA 2996

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Tidepool Pty Ltd T/A Bathurst Signs & Screen Printing
(AG2016/789)
BATHURST SIGNS & SCREEN PRINTING ENTERPRISE
AGREEMENT 2016
Graphic Arts
COMMISSIONER LEE	MELBOURNE, 13 MAY 2016

Application for approval of the Bathurst Signs & Screen Printing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Bathurst Signs & Screen Printing Enterprise 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 Tidepool Pty Ltd T/A Bathurst Signs & Screen Printing. 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

20 May 2016. The nominal expiry date of the Agreement is 12 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Tidepool Pty Ltd involved an application for the approval of the Bathurst Signs & Screen Printing Enterprise Agreement 2016, made under section 185 of the Fair Work Act 2009. The applicant, Tidepool Pty Ltd, trading as Bathurst Signs & Screen Printing, sought approval for the proposed enterprise agreement which was intended to regulate the terms and conditions of employment for employees in the graphic arts industry. The decision was made by Commissioner Lee in Melbourne on 13 May 2016.

The primary legal issue before the court was whether the application for approval of the enterprise agreement met the requirements outlined in sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the necessary provisions, and if it complied with the procedural requirements for enterprise agreements.

The court found that the application satisfied all the relevant requirements of the Fair Work Act. The Commissioner was satisfied that the agreement had been made in good faith, contained all necessary provisions, and adhered to the procedural requirements for enterprise agreements. Consequently, the court approved the Bathurst Signs & Screen Printing Enterprise Agreement 2016, which would operate from 20 May 2016, with a nominal expiry date of 12 May 2020. This decision was made in accordance with section 54 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established