DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TDL Contractors Pty Ltd
(AG2018/6065)

TDL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2019

Application for approval of the TDL Contractors Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the TDL Contractors Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TDL Contractors 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TDL Contractors Pty Ltd, a company involved in various construction projects, sought approval of the TDL Contractors Pty Ltd Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose when the Building and Construction Industry Employees Union, representing the workers, applied to the Commission to have the agreement approved. The company contended that certain provisions within the agreement were not compliant with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary requirements for approval and if it adequately protected the employees' rights and interests.

The central legal issues before the Commission were whether the provisions in question contravened the provisions of the Fair Work Act and whether the agreement was made in good faith and without coercion. The Commission examined the provisions of the agreement against the statutory criteria outlined in the Fair Work Act, specifically focusing on whether the agreement provided for the protection of employees' rights and interests and whether it was made in accordance with the legal requirements. The company argued that certain clauses were not consistent with the Fair Work Act and could potentially undermine the protections afforded to the employees.

The Commission found that the provisions in question did not breach the Fair Work Act and were consistent with the legal requirements for an enterprise agreement. The Commission was satisfied that the agreement was made in good faith and without coercion, and it adequately protected the rights and interests of the employees. The Commission approved the TDL Contractors Pty Ltd Enterprise Agreement 2018, acknowledging that the agreement was compliant with the necessary statutory provisions and met the requirements for approval. The decision underscored the importance of ensuring that enterprise agreements are made in accordance with the Fair Work Act and that they provide adequate protections for employees.

TDL Contractors 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