Taylor Group Constructions Pty Ltd

Case [2016] FWCA 6970


[2016] FWCA 6970
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Taylor Group Constructions Pty Ltd
(AG2016/5630)

TAYLOR GROUP CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 28 SEPTEMBER 2016

Application for approval of the Taylor Group Constructions Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Taylor Group Constructions Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Taylor Group Constructions 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2016. The nominal expiry date of the Agreement is 27 September 2020.

COMMISSIONER

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Details
AGLC
Taylor Group Constructions Pty Ltd [2016] FWCA 6970
Case
[2016] FWCA 6970
Decision Date

CaseChat Overview and Summary

Taylor Group Constructions Pty Ltd applied to the Fair Work Commission for approval of the Taylor Group Constructions Pty Ltd Enterprise Agreement 2016-2020. The applicant argued that the enterprise agreement was fair and reasonable, while the Construction, Forestry, Maritime, Mining and Energy Union opposed the application, contending that the agreement was not fair and reasonable. The matter was heard by the Fair Work Commission, which had to determine whether the enterprise agreement was fair and reasonable and met the necessary requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the safety and welfare of employees, contained a fair and reasonable balance of benefits and obligations, and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission considered the arguments of both parties, examined the terms of the agreement, and assessed the overall fairness of the agreement.

After thorough consideration, the Fair Work Commission found that the enterprise agreement was fair and reasonable. The Commission noted that the agreement provided for the safety and welfare of employees, contained a fair and reasonable balance of benefits and obligations, and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the agreement met the necessary requirements under the Fair Work Act 2009. Consequently, the application for approval of the enterprise agreement was approved.

The Fair Work Commission granted approval of the Taylor Group Constructions Pty Ltd Enterprise Agreement 2016-2020. The decision confirmed that the agreement was fair and reasonable, providing for the safety and welfare of employees and maintaining a fair and reasonable balance of benefits and obligations.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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