DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talis Civil Pty Ltd
(AG2020/851)

TALIS CIVIL PTY LTD ENTERPRISE AGREEMENT 2020 -2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 30 APRIL 2020

Application for approval of the TALIS Civil Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for the approval of an enterprise agreement known as the TALIS Civil Pty Ltd Enterprise Agreement 2020 -2024 (‘the Agreement’). The application was made by TALIS Civil Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the TALIS Civil Pty Ltd Enterprise Agreement 2020-2024. The applicant, TALIS Civil Pty Ltd, sought approval for the agreement which had been negotiated between the company and its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they complied with the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement met the requirements for approval under the Fair Work Act, specifically whether it complied with the provisions regarding the protection of employees' rights and interests. The court needed to determine if the agreement was fair and balanced, provided adequate protections for employees, and was genuinely negotiated. Furthermore, the court had to ensure the agreement did not undermine the minimum standards set by the relevant industrial instruments.

The court found that the enterprise agreement was compliant with the Fair Work Act. It noted that the agreement was the result of genuine negotiations between the parties and provided clear and fair terms for employees. The agreement included provisions that met or exceeded the minimum standards for wages, leave entitlements, and other employment conditions. The court concluded that the agreement was fair and balanced and did not undermine the rights of employees. Consequently, the court approved the TALIS Civil Pty Ltd Enterprise Agreement 2020-2024.

The final orders of the court were to approve the enterprise agreement, allowing it to be registered and in force from the date of the decision. The court's approval signified that the agreement could be implemented as the governing document for the employment relationship between TALIS Civil Pty Ltd and its employees for the specified period.

Talis Civil 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