Lynnette Passeri Summary

[2023] FWCA 1236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lynnette Passeri

(AG2023/972)

TARBUCK BUILDING CO. ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 1 MAY 2023

Application for approval of the Tarbuck Building Co. Enterprise Agreement 2023-2027

Lynnette Passeri has applied for approval of a single enterprise agreement known as the Tarbuck Building Co. Enterprise Agreement 2023-2027 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 May 2023. The nominal expiry date of the Agreement is 1 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Tarbuck Building Co. Enterprise Agreement 2023-2027. The application was brought by the employer, Tarbuck Building Co., against the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement, which the union sought to have approved. The union argued that the agreement did not adequately protect the rights and interests of its members, while the employer maintained that the proposed terms were fair and reasonable.

The central legal issues the Commission had to resolve were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly the provisions concerning good faith bargaining, and whether the agreement provided for terms and conditions of employment that were fair and reasonable. The Commission needed to assess whether the agreement contained terms that were consistent with the principles of fairness and good faith, and whether the proposed conditions were appropriate given the nature of the industry and the parties' bargaining positions.

In considering the application, the Fair Work Commission examined the process of bargaining between the employer and the union, the content of the proposed agreement, and the submissions made by both parties. The Commission noted that the employer had engaged in good faith bargaining with the union, and that the agreement contained terms that were consistent with the principles of fairness and good faith. The Commission also found that the proposed terms and conditions of employment were appropriate, taking into account the nature of the industry and the bargaining positions of the parties. Accordingly, the Commission approved the Tarbuck Building Co. Enterprise Agreement 2023-2027, determining that it met the requirements of the Fair Work Act.

The final orders of the Commission were that the proposed enterprise agreement be approved, and that it be registered with the Fair Work Ombudsman. The agreement was to take effect from the date of the Commission's decision, and both parties were directed to comply with its terms. The Commission's decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of good faith bargaining in the industrial relations system.

Lynnette Passeri

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established