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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brodyn Pty Ltd, trading as TCQ Construction, applied for approval of its enterprise agreement under section 234 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which needed to determine whether the agreement met the statutory criteria for approval. The primary concern was whether the agreement provided for a fair and efficient workplace, ensuring adequate coverage and protection of employees' rights.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement complied with the legislative standards set forth in the Fair Work Act. This included verifying that the agreement contained minimum terms and conditions of employment, including rates of pay, leave entitlements, and other relevant provisions. The Commission also had to consider if the agreement was free from any terms that might be considered harsh, unjust, or unreasonable.

After examining the details of the proposed agreement, the Fair Work Commission concluded that the agreement met all the statutory requirements for approval. The Commission found that the agreement provided for a fair and efficient workplace, with appropriate terms and conditions that did not include any harsh, unjust, or unreasonable provisions. Consequently, the Commission approved the enterprise agreement, ensuring that it would be applicable for the period 2020 to 2024.

The Fair Work Commission's decision approved the Brodyn Pty Ltd t/as TCQ Construction Enterprise Agreement 2020 - 2024, thereby enabling its implementation in accordance with the Fair Work Act. The approval was based on the finding that the agreement met the statutory criteria, including the provision of minimum terms and conditions, and was free from any harsh, unjust, or unreasonable terms.

Brodyn Pty Ltd t/a TCQ Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established