DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

T & D Group Pty Ltd T/A Express Walls Australia
(AG2015/4357)

T & D GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 AUGUST 2015

Application for approval of the T & D Group Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
T & D Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T & D Group Pty Ltd T/A Express Walls Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 24 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved T & D Group Pty Ltd, trading as Express Walls Australia, and the Fair Work Commission. The matter was an application for the approval of the T & D Group Pty Ltd Enterprise Agreement 2015, which was brought before the Fair Work Commission. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be approved by the Commission. This included ensuring the agreement contained the necessary minimum terms and conditions, and was made without the influence of prohibited content, such as provisions that would undermine the operation of the Act.

The legal issues before the court required it to determine whether the Enterprise Agreement 2015 complied with the statutory requirements outlined in the Fair Work Act. This involved examining whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it was made in good faith and without any prohibited content. The court was also required to assess the evidence presented regarding the negotiation process and the terms of the agreement to ensure it met the criteria for approval.

In delivering its decision, the Commission considered the evidence provided and the provisions of the Enterprise Agreement 2015. It found that the agreement met the necessary requirements, including the inclusion of the minimum terms and conditions, and was made in good faith. The Commission concluded that there was no prohibited content in the agreement and that it complied with the statutory requirements for approval. Consequently, the Fair Work Commission approved the T & D Group Pty Ltd Enterprise Agreement 2015.

The final orders of the Commission were that the T & D Group Pty Ltd Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act 2009. The decision confirmed the agreement's validity and authorised its implementation, ensuring that it would govern the employment conditions of the relevant employees as intended.

T & D Group Pty Ltd T/A Express Walls Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established