T Early and Sons Pty Ltd Summary

[2013] FWCA 5408

FAIR WORK COMMISSION

DECISION

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

T Early and Sons Pty Ltd
(AG2013/2156)

T EARLY & SONS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 AUGUST 2013

Application for approval of the T Early & Sons Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 July 2013 by T Early and Sons Pty Ltd for the approval of a single-enterprise agreement known as the T Early & Sons Enterprise Agreement 2013 (“the Agreement”).

[2] On 13 August 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of T Early and Sons Pty Ltd, the applicant sought approval for the T Early & Sons Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose between the employer, represented by T Early and Sons Pty Ltd, and the employees represented by the Australian Manufacturing Workers Union. The crux of the matter was the procedural fairness and compliance of the agreement with the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was made in good faith, if the required procedural steps were followed, and whether the agreement met the 'better off overall test'. The employer argued that the agreement was fair and reasonable, and all necessary steps were followed. The union contended that the process lacked procedural fairness and that the agreement did not adequately protect employee interests.

The Fair Work Commission examined the evidence and submissions from both parties. It found that while the employer had made a genuine effort to reach an agreement, there were significant procedural deficiencies. The Commission determined that the agreement did not meet the 'better off overall test' as it failed to adequately protect the interests of certain employee groups. Consequently, the application for approval of the enterprise agreement was dismissed.

The Commission directed that further consultations be undertaken to address the identified issues, ensuring that any revised agreement would meet the legal standards required by the Fair Work Act 2009.

T Early and Sons Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established