Tony Lee Tiling Pty Ltd

[2014] FWCA 380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tony Lee Tiling Pty Ltd
(AG2013/10224)

TONY LEE TILING PTY. LTD ENTERPRISE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2014

Application for approval of the Tony Lee Tiling Pty Ltd Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tony Lee Tiling Pty Ltd Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tony Lee Tiling Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 10 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 January 2016.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tony Lee Tiling Pty Ltd applied for approval of an enterprise agreement with its employees. The applicant, a tiling company, sought to finalise a set of terms and conditions of employment with its workforce, which was represented by a union. The dispute centred on whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009. The central issues for the Commission were whether the agreement met the statutory criteria for approval, including whether it was made in good faith, and whether it provided for the proper operation of businesses and employees.

The Commission examined whether the agreement was genuinely negotiated between the parties and whether it provided for the proper operation of businesses and employees. The applicant argued that the agreement was the product of genuine negotiations and met all statutory requirements. The union, on the other hand, contended that the agreement did not adequately address certain employee protections and did not reflect the true nature of the negotiations. After reviewing the submissions and evidence presented, the Commission found that the agreement was indeed made in good faith and met the necessary statutory criteria. It was determined that the agreement provided for the proper operation of businesses and employees, and did not unfairly disadvantage any party.

Consequently, the Fair Work Commission approved the Tony Lee Tiling Pty Ltd Enterprise Agreement 2013-2015. The decision underscored the importance of genuine negotiations and compliance with the statutory criteria for enterprise agreements. The Commission highlighted that agreements must provide for the proper operation of businesses and employees, and must not unfairly disadvantage any party. This case serves as a reminder to businesses and unions of the importance of adhering to the legal requirements when negotiating and finalising enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established