[2015] FWCA 6188

The attached document replaces the document previously issued with the above code on 8 September 2015.

A space has been added between the words Employee and Enterprise agreement in the title clause.

Vanessa Mantella

On behalf of Commissioner Lee

9 September 2015

[2015] FWCA 6188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T.K. Formbuild Constructions Pty Ltd
(AG2015/4511)

T.K. FORMBUILD PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the T.K. Formbuild Pty Ltd Employee Enterprise agreement.

[1] An application has been made for approval of an enterprise agreement known as the T.K. Formbuild Pty Ltd Employee Enterprise agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T.K. Formbuild Constructions Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2015. The nominal expiry date of the Agreement is 14 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved T.K. Formbuild Constructions Pty Ltd, which sought approval of the T.K. Formbuild Pty Ltd Employee Enterprise agreement. The application was heard in the Fair Work Commission. The primary dispute centred on whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement was made in good faith and covered all essential terms, as mandated by the legislation.

The court examined several legal issues, including whether the agreement adequately addressed the minimum terms outlined in the Fair Work Act and if it was genuinely negotiated. The applicant had to show that the agreement was not only comprehensive but also fairly represented the interests of both the employer and the employees. The court also had to consider if there were any procedural flaws in the agreement process that might render the agreement invalid.

In its reasoning, the court detailed that the agreement was comprehensive and covered all necessary minimum terms. The court found that the process of reaching the agreement was free from procedural irregularities and that it was made in good faith. The evidence presented demonstrated that the agreement was a fair representation of the terms negotiated between the parties. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements.

No additional orders were made beyond the approval of the enterprise agreement. The court's decision ensured that the agreement would be legally binding, providing a framework for the employment relationship between T.K. Formbuild Constructions Pty Ltd and its employees.

T.K. Formbuild Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established