Brodyn Pty Ltd t/a TCQ Construction

[2020] FWCA 6665

[2020] FWCA 6665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brodyn Pty Ltd t/a TCQ Construction
(AG2020/3208)

BRODYN PTY LTD T/AS TCQ CONSTRUCTION ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Brodyn Pty Ltd t/as TCQ Construction Enterprise 2020 - 2024.

[1] Brodyn Pty Ltd t/a TCQ Construction has applied for approval of a single enterprise agreement known as the Brodyn Pty Ltd t/as TCQ Construction Enterprise 2020 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission sought further information about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the better off overall test. Further information was provided in response.

[3] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views.

[4] Noting subclauses 3.4.4 and 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employees were invited to express their views and did not oppose. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 14 December 2020 and, in accordance with s.54, will operate from 21 December 2020. The nominal expiry date of the Agreement is 14 December 2024.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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