TasBuild Limited Summary

[2013] FWCA 3608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TasBuild Limited
(AG2013/1166)

TASBUILD LIMITED ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER GREGORY	SYDNEY, 5 JUNE 2013

Application for approval of the TasBuild Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TasBuild Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TasBuild Limited. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.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 12 June 2013. The nominal expiry date of the Agreement is 12 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, TasBuild Limited sought approval for the TasBuild Limited Enterprise Agreement 2013. The dispute arose between TasBuild Limited, an employer in the construction industry, and the Australian Council of Trade Unions, representing the employees. The primary issue before the Commission was whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered as a certified agreement. The crux of the legal issues centred on whether the agreement contained all the necessary minimum terms and conditions as stipulated by the Act and whether it was fair and appropriate for the employees covered by it.

The Commission carefully examined the provisions of the proposed agreement, assessing whether it included the minimum entitlements such as minimum wages, penalties for contraventions, and other standard terms. The Commission also considered the fairness of the agreement by evaluating if it provided for adequate safeguards and protections for employees, particularly in light of the specific nature of the construction industry. The analysis included a review of the bargaining process to ensure it was conducted in good faith and whether the agreement reflected a genuine negotiation between the parties.

The Fair Work Commission determined that the TasBuild Limited Enterprise Agreement 2013 met the necessary requirements under the Fair Work Act 2009. The Commission found that the agreement contained all the required minimum terms and conditions and was fair and appropriate for the employees it covered. The decision was based on the comprehensive review of the agreement's contents, the adequacy of the bargaining process, and the specific industry context. Consequently, the Commission approved the agreement, allowing it to be registered as a certified agreement.

TasBuild Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established