TasBuild Limited T/A TasBuild

[2018] FWCA 2208

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TasBuild Limited T/A TasBuild

(AG2017/3822)

TasBuild Limited Enterprise Agreement 2017

Tasmania
Deputy President Gostencnik	MELBOURNE, 17 APRIL 2018

Application for approval of the TasBuild Limited Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the TasBuild Limited Enterprise Agreement 2017 (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 T/A TasBuild. The agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 17 April 2018 and, in accordance with s.54, will operate from 24 April 2018. The nominal expiry date of the Agreement is 16 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved TasBuild Limited, trading as TasBuild, and the applicants, who were employees represented by a union. The dispute centred around the application for approval of the TasBuild Limited Enterprise Agreement 2017, brought before the Fair Work Commission. The applicants contested certain aspects of the proposed agreement, questioning the fairness and reasonableness of specific terms and conditions.

The primary legal issues before the court were whether the terms and conditions of the proposed enterprise agreement were fair and reasonable, and if the agreement adequately met the statutory requirements for approval under the Fair Work Act 2009. The applicants argued that certain provisions were unfair, particularly in relation to the classification of roles and the conditions of employment. They contended that these provisions did not sufficiently protect employee rights and could lead to adverse outcomes for the workforce.

The Fair Work Commission assessed the arguments presented by both parties and examined the contents of the proposed agreement against the criteria established by the Fair Work Act. The court considered the fairness of the agreement in terms of the balance of rights and obligations, and whether the agreement provided adequate protections for employees. After evaluating the evidence and arguments, the court determined that the proposed agreement did meet the necessary standards for approval. The Commission found that while some provisions raised concerns, the overall agreement was fair and reasonable, and it approved the enterprise agreement.

The final orders of the court included the approval of the TasBuild Limited Enterprise Agreement 2017, subject to certain conditions and modifications to address the applicants' concerns. The approved agreement would now govern the terms and conditions of employment for the relevant employees, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established