Tiger Trac Pty Ltd

[2013] FWCA 4524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tiger Trac Pty Ltd
(AG2013/1542)

TIGER TRAC PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 JULY 2013

Application for approval of the Tiger Trac Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tiger Trac Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tiger Trac Pty Ltd, sought approval of the Tiger Trac Pty Ltd Roy Hill AWU Greenfields Agreement 2013 from the Fair Work Commission. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was appropriate and if it complied with the legislative standards for employee protection and fair work practices.

The primary legal issue was whether the agreement provided sufficient protections for employees in terms of wages, conditions, and dispute resolution mechanisms. The Commission examined whether the agreement covered all necessary aspects of employment, including minimum wage rates, penalty rates, leave provisions, and the establishment of a fair and efficient dispute resolution process. Additionally, the court had to consider whether the agreement adequately balanced the rights of employers and employees and whether it was consistent with the overarching objectives of the Fair Work Act.

The Fair Work Commission found that the agreement largely met the requirements for approval, with some minor modifications. The Commission highlighted that while the agreement was comprehensive, it needed adjustments to ensure it fully protected employees' rights and interests. Specifically, the Commission recommended changes to ensure that all employees were adequately covered by the agreement and that the dispute resolution mechanisms were both fair and effective. The Commission concluded that, with the proposed changes, the agreement would appropriately balance the interests of both employers and employees and comply with the Fair Work Act.

The Commission approved the agreement, subject to the modifications. The final orders required Tiger Trac Pty Ltd to implement the recommended changes within a specified timeframe and submit a revised version of the agreement for final confirmation. This decision ensured that the agreement would provide fair and effective protections for employees, in line with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established