DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talis Civil Pty Ltd
(AG2016/334)

TALIS CIVIL PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Talis Civil 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 2 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418030 PR577515

CaseChat Overview and Summary

In the case of Talis Civil Pty Ltd, the Fair Work Commission was presented with an application for the approval of the 2016-2019 Enterprise Agreement. The applicant, Talis Civil Pty Ltd, sought the endorsement of the agreement, which was negotiated between the employer and the employees' representatives. The nature of the dispute centred on the terms and conditions of employment as outlined in the agreement and whether they complied with the requirements of the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to address included whether the agreement met the criteria for approval under section 231 of the Act, and whether the process followed to negotiate the agreement was fair and appropriate. Additionally, the Commission examined if the agreement appropriately balanced the interests of the employees and the employer, and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The process of negotiation was deemed to be fair and appropriate, and the terms and conditions of employment were balanced and reasonable. The Commission concluded that the agreement was in the best interests of the employees and the employer, and approved the Enterprise Agreement. The decision highlighted the importance of ensuring that enterprise agreements promote fair and effective workplace relations, while also recognising the need for flexibility in the bargaining process.

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