Tradelink Pty Ltd T/A Tradelink Pty Ltd Summary

[2023] FWCA 245

The attached document replaces the document previously issued with the code [2023] FWC 199 on 23 January 2023 to amend document referencing.

Associate to Deputy President Dobson

Dated 24 January 2023

[2023] FWCA 245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tradelink Pty Ltd T/A Tradelink Pty Ltd

(AG2022/5379)

TRADELINK ENTERPRISE AGREEMENT (QLD) 2023

Retail industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 JANUARY 2023

Application for approval of the Tradelink Enterprise Agreement (QLD) 2023

An application has been made for approval of an enterprise agreement known as the Tradelink Enterprise Agreement (QLD) 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tradelink Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

· Clause 19.6 – Withholding of NES entitlements

However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tradelink Pty Ltd T/A Tradelink Pty Ltd applied for the approval of the Tradelink Enterprise Agreement (QLD) 2023. The dispute arose from the proposed terms and conditions of employment set out in the agreement, which was to apply to employees working for Tradelink Pty Ltd in Queensland. The primary concern was whether the agreement met the legal requirements under the Fair Work Act 2009, including ensuring that it did not disadvantage employees and provided a safety net of minimum entitlements.

The court was required to determine if the agreement complied with the statutory requirements for enterprise agreements, specifically whether it provided for minimum terms and conditions, allowed for individual flexibility, and did not unfairly disadvantage any employee. Key issues included the adequacy of the proposed minimum wages, the provision of adequate leave entitlements, and whether the agreement appropriately balanced the rights of employers and employees.

After reviewing the evidence and submissions from both Tradelink Pty Ltd and the employees' representatives, the Fair Work Commission concluded that the Tradelink Enterprise Agreement (QLD) 2023 met the necessary statutory requirements. The agreement was found to provide for a safety net of minimum entitlements, allowed for appropriate individual flexibility, and did not unfairly disadvantage any employee. Therefore, the court approved the agreement, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Tradelink Enterprise Agreement (QLD) 2023, effective from the date of the decision. This approval ensures that the agreement will now govern the terms and conditions of employment for the relevant employees in Queensland.

Tradelink Pty Ltd T/A Tradelink Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established