DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tradelink Pty Ltd T/A Tradelink Plumbing Centres
(AG2018/7230)

TRADELINK ENTERPRISE AGREEMENT (QLD) 2018

Retail industry
COMMISSIONER MCKINNON	MELBOURNE, 29 MARCH 2019

Application for approval of the Tradelink Enterprise Agreement (QLD) 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Tradelink Enterprise Agreement (QLD) 2018 (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 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 28 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tradelink Pty Ltd, trading as Tradelink Plumbing Centres, sought approval for the Tradelink Enterprise Agreement (QLD) 2018. The Fair Work Commission was asked to approve the agreement, which was negotiated between the company and a union representing employees. The union argued that the agreement did not adequately protect employee entitlements and conditions.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided employees with pay and conditions that were no less favourable than the relevant award or safety net. Additionally, the court examined whether the agreement provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement did not provide for pay and conditions that were no less favourable than the relevant award or safety net, as it failed to adequately protect employees' entitlements in certain areas. Furthermore, the Commission concluded that the dispute resolution mechanisms in the agreement were insufficient. Consequently, the application for approval was rejected.

The Commission issued a decision that the Tradelink Enterprise Agreement (QLD) 2018 did not meet the necessary criteria for approval. The agreement was not accepted, and the Commission directed the parties to negotiate further to address the identified deficiencies.

Tradelink Pty Ltd T/A 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