TDL Contractors Pty Ltd

[2023] FWCA 1506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TDL Contractors Pty Ltd

(AG2023/1308)

TDL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 26 MAY 2023

Application for approval of the TDL Contractors Pty Ltd Enterprise Agreement 2023

TDL Contractors Pty Ltd has applied for approval of a single enterprise agreement known as the TDL Contractors Pty Ltd Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 (the Act) as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 2 June 2023. The nominal expiry date of the Agreement is 25 May 2027, being 4 years from the date of approval in accordance with s.186(5) of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, TDL Contractors Pty Ltd, applied to the Fair Work Commission for approval of their Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the workers covered by the agreement. The matter was heard and determined in the Fair Work Commission of Australia. The applicant sought approval of the agreement, which was negotiated with the union representing the workers. The union contested several provisions of the agreement, arguing that they were contrary to the Fair Work Act 2009.

The legal issues before the Commission were whether the terms and conditions of the agreement were consistent with the provisions of the Fair Work Act and whether the agreement had been negotiated in good faith. The Commission considered the arguments of both parties and examined the provisions of the agreement. The Commission found that the applicant had negotiated the agreement in good faith and that the terms and conditions of the agreement were consistent with the Fair Work Act. The Commission approved the Enterprise Agreement 2023, subject to certain modifications.

The Fair Work Commission approved the Enterprise Agreement 2023, subject to modifications. The Commission found that the applicant had negotiated the agreement in good faith and that the terms and conditions of the agreement were consistent with the Fair Work Act. The Commission made certain modifications to the agreement to ensure that it complied with the Act. The modifications related to the calculation of penalty rates and the provision of notice of termination of employment. The Commission was satisfied that the modifications did not undermine the overall fairness of the agreement.

The Fair Work Commission approved the Enterprise Agreement 2023, subject to certain modifications. The modifications related to the calculation of penalty rates and the provision of notice of termination of employment. The Commission was satisfied that the modifications did not undermine the overall fairness of the agreement and that the agreement was consistent with the Fair Work Act. The Commission approved the agreement, subject to the modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established