DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T & D Group Pty Ltd T/A Express Walls Australia
(AG2016/4311)

T & D GROUP PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the T & D Group Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the T & D Group Pty Ltd Enterprise Agreement 2016 (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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by T & D Group Pty Ltd, trading as Express Walls Australia, for approval of the Enterprise Agreement 2016. The application arose in the context of a dispute regarding the terms and conditions of employment for the company's workers. The legal issues that the Commission had to decide focused on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the provisions relating to good faith bargaining, the coverage of the agreement, and the protection of employees' rights.

In examining these issues, the Commission considered various submissions from both the applicant and the registered union representing the employees. The Commission assessed the negotiation process, the terms of the agreement, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also had to consider if the agreement adequately protected the rights of employees and whether it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission ultimately found that the Enterprise Agreement 2016 met the necessary criteria for approval. The Commission was satisfied that the agreement was the product of good faith bargaining and that it provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement adequately protected the rights of employees and was consistent with the objectives of the Fair Work Act. Consequently, the application for approval was granted, and the Enterprise Agreement 2016 was approved as a registered agreement.

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