Total Commercial Ceramics Pty Ltd Summary

[2013] FWCA 9273

FAIR WORK COMMISSION

DECISION

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

Total Commercial Ceramics Pty Ltd
(AG2013/11494)

TOTAL COMMERCIAL CERAMICS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 NOVEMBER 2013

Application for approval of the Total Commercial Ceramics Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total Commercial Ceramics Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Commercial Ceramics Pty Ltd. 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 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 5 December 2013. The nominal expiry date of the Agreement is 4 December 2017.

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CaseChat Overview and Summary

Total Commercial Ceramics Pty Ltd applied for the approval of their Enterprise Agreement 2013, which was submitted to the Fair Work Commission. The application was made in the context of potential changes in the company's operations and employee conditions. The primary dispute involved whether the proposed agreement adequately met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained mandatory provisions as required by the Act, whether it provided for fair and reasonable terms, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission had to consider if the agreement would provide appropriate protections for employees and whether it allowed for genuine bargaining between the parties.

The Commission found that the proposed Enterprise Agreement 2013 did meet the mandatory requirements of the Fair Work Act and provided for fair and reasonable terms. It was determined that the agreement had been made in good faith, without coercion, and offered adequate protections for employees. The Commission was satisfied that the bargaining process was genuine and that the agreement would be beneficial for both the employer and the employees. As a result, the Commission approved the Enterprise Agreement 2013.

The Fair Work Commission approved the Total Commercial Ceramics Pty Ltd Enterprise Agreement 2013, and it came into effect as of the date of the Commission's decision. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between the company and its employees.

Total Commercial Ceramics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established