TBP Services Pty Ltd Summary

[2021] FWCA 5845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TBP Services Pty Ltd
(AG2021/6779)

TBP SERVICES NSW SOUTH WESTERN ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 16 SEPTEMBER 2021

Application for approval of the TBP Services NSW South Western Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the TBP Services NSW South Western Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TBP Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, TBP Services Pty Ltd, an employer, applied for approval of the TBP Services NSW South Western Enterprise Agreement 2021. The applicant is a construction company, and the dispute revolves around whether the proposed agreement complies with the Fair Work Act 2009. The applicant argued that the agreement adequately represents the terms and conditions of employment for its employees within the specified region, while no objections were lodged by any party.

The central legal issue before the Commission was whether the agreement met the criteria set out in section 233 of the Fair Work Act. This includes ensuring that the agreement is not contrary to public policy, provides for procedural fairness, and includes minimum terms and conditions of employment as specified in the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and the process by which it was negotiated.

The Commission found that the agreement was made in good faith and followed a proper negotiation process. It was determined that the agreement met all the statutory requirements and did not contravene any public policy. The terms and conditions within the agreement were deemed fair and appropriate, and they included all mandatory minimum entitlements as stipulated by the Act. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the TBP Services NSW South Western Enterprise Agreement 2021. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the employer and the employees covered by the agreement. The approval also formalises the relationship between the parties under the specified terms, effective from the date of the Commission's decision.

TBP Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established