TC Clarke & Son Pty Ltd

Case [2022] FWCA 75
[2022] FWCA 75

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TC Clarke & Son Pty Ltd

(AG2021/9072)

T.C. Clarke & Son Pty Ltd Enterprise Agreement 2021- 2025

Building services

COMMISSIONER SIMPSON

BRISBANE, 12 JANUARY 2022

Application for approval of the T.C. Clarke & Son Pty Ltd Enterprise Agreement 2021 - 2025

  1. An application has been made for approval of an enterprise agreement known as the T.C. Clarke & Son Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TC Clarke & Son Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 5.1(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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



COMMISSIONER

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Details
AGLC
TC Clarke & Son Pty Ltd [2022] FWCA 75
Case
[2022] FWCA 75
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, TC Clarke & Son Pty Ltd, an Australian agricultural contracting company, sought approval for their Enterprise Agreement 2021 - 2025. The application involved a dispute regarding the proposed terms and conditions for employees, including issues about pay rates, penalty rates, and working hours. The matter was brought before the Commission to ensure that the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed agreement provided fair and reasonable terms for the employees, and whether it complied with the statutory requirements of the Fair Work Act. This involved examining if the agreement contained all the prescribed minimum terms and conditions, and whether it had been made in good faith, without coercion. Additionally, the Commission needed to assess if the agreement adequately balanced the interests of both the employer and the employees.

After a thorough examination of the agreement, the Commission determined that the Enterprise Agreement 2021 - 2025 provided fair and reasonable terms for the employees, and it complied with the statutory requirements of the Fair Work Act. The Commission found that the agreement included all the prescribed minimum terms and conditions and was made in good faith. The proposed pay rates, penalty rates, and working hours were considered reasonable in the context of the industry and the company's financial capacity. The Commission approved the agreement, ensuring that it would benefit both the employer and the employees, and contribute to fair and efficient workplace relations.

The Commission's final order was to approve the Enterprise Agreement 2021 - 2025, subject to the parties' compliance with the terms of the agreement. This decision allowed TC Clarke & Son Pty Ltd to implement the agreed terms and conditions, providing a framework for fair and productive industrial relations within the company.

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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