DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talco Group Pty Ltd
(AG2018/5513)

TALCO GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MARCH 2019

Application for approval of the Talco Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Talco Group 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 Talco Group Pty Ltd. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Talco Group Pty Ltd was the subject of an application for the approval of an enterprise agreement, the Talco Group Pty Ltd Enterprise Agreement 2018. The application was made to the Fair Work Commission. The nature of the dispute revolved around the procedural fairness and the content of the agreement. The legal issues before the court encompassed whether the agreement was made in accordance with the applicable statutory provisions and if it contained any unlawful or unfair terms.

The court had to determine whether the agreement was genuinely negotiated and whether the process leading to its creation was procedurally fair. Additionally, the court examined the substantive content of the agreement to ensure it did not include any unfair terms or provisions that contravened the Fair Work Act. The court also considered whether the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009. The primary focus was on ensuring the agreement was not only procedurally sound but also substantively fair and compliant with the legislative framework.

In its reasoning, the court found that the process leading to the agreement was procedurally fair, as the employer had taken appropriate steps to ensure genuine negotiation. The court examined the bargaining records and found no evidence of procedural unfairness. Regarding the content, the court scrutinised each clause of the agreement and concluded that none of the terms were unfair or unlawful. The court also determined that the agreement complied with the statutory requirements under the Fair Work Act and other relevant legislation. The court found the agreement to be valid and approved it for registration.

Talco Group 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