DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Taiyo Membrane Corporation Pty Ltd T/A MakMax Australia
(AG2020/3765)

TMC INSTALLERS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 12 JANUARY 2021

Application for approval of the TMC Installers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the TMC Installers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taiyo Membrane Corporation Pty Ltd T/A MakMax Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 12 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Taiyo Membrane Corporation Pty Ltd, trading as MakMax Australia, sought approval for the TMC Installers Enterprise Agreement 2020. The application was brought before the Commission to ensure that the proposed agreement met the necessary legal standards and was fair and reasonable for the employees it covered. The Commission had to determine whether the agreement was an appropriate enterprise agreement, as defined under the Fair Work Act 2009, and if it complied with the procedural fairness requirements.

The primary legal issue was whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. This involved assessing if the agreement was made without undue influence, coercion, or duress, and if the bargaining process was conducted in good faith. Additionally, the Commission had to consider whether the agreement provided for appropriate terms and conditions of employment that were fair and reasonable for the employees involved.

The Fair Work Commission determined that the agreement was made without any undue influence, coercion, or duress and that the bargaining process was conducted in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other relevant employment matters. Consequently, the Commission approved the TMC Installers Enterprise Agreement 2020, finding that it met all the necessary legal requirements.

The Fair Work Commission's decision approved the TMC Installers Enterprise Agreement 2020, recognising it as a valid and legally binding agreement between Taiyo Membrane Corporation Pty Ltd and its employees. The Commission's approval ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement, providing a framework for fair and reasonable industrial relations between the parties.

Taiyo Membrane Corporation Pty Ltd T/A MakMax Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established