DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tiger Corporation Pty Ltd
(AG2019/4749)

TIGER CORP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Tiger Corp Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tiger Corp Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tiger Corporation Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement lodged with the Fair Work Commission contained formatting errors on pages 5 and 38. On 22 January 2020, the Applicant filed amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the pages should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Tiger Corporation Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Tiger Corp Enterprise Agreement 2019. The applicant, Tiger Corporation Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment within the company and whether the agreement met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether it had been made without undue pressure and whether it appropriately addressed the needs of employees and employers. Additionally, the Commission needed to determine if the agreement contained appropriate minimum terms and if it complied with the good faith bargaining obligations stipulated in the Act.

The Fair Work Commission assessed the evidence and submissions provided by both the applicant and the respondents. The Commission found that the agreement had been made without coercion and appropriately reflected the bargaining positions of both parties. It was determined that the agreement met the necessary criteria for approval, including the provision of minimum terms and the demonstration of good faith bargaining. Consequently, the Commission approved the Tiger Corp Enterprise Agreement 2019, affirming its compliance with the statutory requirements.

The Commission's decision was encapsulated in its final orders, which approved the Tiger Corp Enterprise Agreement 2019, effective from the date of the decision. The agreement was to apply to the employees covered by the bargaining unit, and the terms and conditions outlined in the agreement were deemed to be binding on both the employer and the employees.

Tiger Corporation 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