DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T.W. Woods Construction Pty Ltd
(AG2018/2362)

T. W. WOODS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 AUGUST 2018

Application for approval of the T. W. Woods Construction Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the T. W. Woods Construction Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T.W. Woods Construction 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 4 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

T.W. Woods Construction Pty Ltd applied to the Fair Work Commission for approval of the T.W. Woods Construction Pty Ltd Enterprise Agreement 2018. The Fair Work Commission heard the application and made a decision on 19 May 2020. The applicant company sought approval of the enterprise agreement, which was to apply to employees who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU did not oppose the application but made submissions in relation to the agreement's provisions.

The primary legal issue before the Fair Work Commission was whether the provisions of the enterprise agreement complied with the Fair Work Act 2009. The Commission considered whether the agreement met the requirements for good faith bargaining, and whether it contained any provisions that were contrary to public policy or otherwise unenforceable. The Commission also considered the submissions made by the CFMEU in relation to certain provisions of the agreement.

The Fair Work Commission found that the agreement met the requirements for good faith bargaining and did not contain any provisions that were contrary to public policy or otherwise unenforceable. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it contained provisions that were consistent with industry standards. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. These modifications related to the calculation of overtime rates and the definition of shift work.

The Fair Work Commission approved the enterprise agreement with modifications. The modifications related to the calculation of overtime rates and the definition of shift work. The Commission found that these modifications were necessary to ensure compliance with the Fair Work Act 2009 and to provide for a fair and reasonable outcome for both the employer and the employees. The agreement now provides a legally binding framework for the employment of members of the CFMEU by T.W. Woods Construction Pty Ltd.

T.W. Woods Construction 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