DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tradelink Pty Ltd T/A Tradelink and Tradelink Plumbing Centres
(AG2019/4261)

TRADELINK ENTERPRISE AGREEMENT (VIC & TAS) 2019

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Tradelink Enterprise Agreement (VIC & TAS) 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Tradelink Enterprise Agreement (VIC & TAS) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tradelink Pty Ltd T/A Tradelink and Tradelink Plumbing Centres.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the agreement.

[3] With 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 United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2019. The nominal expiry date of the Agreement is 12 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tradelink Pty Ltd, trading as Tradelink and Tradelink Plumbing Centres, sought approval of the Tradelink Enterprise Agreement (VIC & TAS) 2019. The application was made to the Fair Work Commission, which was required to determine if the agreement met the criteria for registration under the Fair Work Act 2009. The agreement in question involved the terms and conditions of employment for various employees across Victoria and Tasmania, and the primary focus was on whether the agreement had been fairly negotiated and was in compliance with the legislative requirements.

The legal issues before the Fair Work Commission included whether the agreement had been made in good faith, whether it had been negotiated fairly, and if the agreement met the criteria for registration as set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement adequately covered all required matters and if it was in the best interests of the employees it sought to cover. The negotiation process and the manner in which the agreement was reached were also under scrutiny to ensure that it adhered to the principles of procedural fairness.

The Fair Work Commission, after reviewing the submissions and evidence from both Tradelink Pty Ltd and the relevant union, determined that the Tradelink Enterprise Agreement (VIC & TAS) 2019 was made in good faith and fairly negotiated. The Commission found that the agreement addressed all the necessary matters and was in compliance with the statutory requirements. The Commission concluded that the agreement met the criteria for registration and approved it, recognising it as a legally binding enterprise agreement under the Fair Work Act.

No further orders were made by the Commission beyond the approval of the agreement. The approval effectively binds the parties to the terms and conditions set out in the agreement, governing the employment relationship for the specified employees in Victoria and Tasmania.

Tradelink Pty Ltd T/A Tradelink and Tradelink Plumbing Centres

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established