DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TDK Formwork Pty Ltd
(AG2018/3044)

TDK FORMWORK PTY LTD (FORMWORK, STEELFIXING, SCAFFOLDING, PERIMETER SCREENING, CONCRETING AND CONCRETE PUMPING) ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2018

Application for approval of the TDK Formwork Pty Ltd (Formwork, Steelfixing, Scaffolding, Perimeter Screening, Concreting and Concrete Pumping) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the TDK Formwork Pty Ltd (Formwork, Steelfixing, Scaffolding, Perimeter Screening, Concreting and Concrete Pumping) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TDK Formwork Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 2 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TDK Formwork Pty Ltd, sought approval of its Enterprise Agreement 2018-2021 from the Fair Work Commission. The agreement pertained to formwork, steelfixing, scaffolding, perimeter screening, concreting, and concrete pumping. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the approval on various grounds, including that the agreement failed to meet the "better off overall test." The matter was heard in the Fair Work Commission.

The central legal issue revolved around whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the interests of employees and if it provided them with better overall terms and conditions than if no agreement was in place. Additionally, the court examined whether the agreement was made in good faith and if it complied with the relevant provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement satisfied the "better off overall test." The Commission concluded that the proposed agreement provided employees with improved terms and conditions compared to the applicable award. It also determined that the agreement was made in good faith and complied with all relevant statutory requirements. Consequently, the Commission approved the Enterprise Agreement 2018-2021.

The Fair Work Commission approved the Enterprise Agreement 2018-2021, finding it met the statutory criteria for approval under the Fair Work Act 2009. The agreement was deemed to be in the interests of employees, providing them with better overall terms and conditions, and was made in good faith. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the legislative requirements.

TDK Formwork Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established