TDM Constructions Pty Ltd

[2014] FWCA 7903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TDM Constructions Pty Ltd
(AG2014/7795)

TDM CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 NOVEMBER 2014

Application for approval of the TDM Constructions Pty Ltd Enterprise Agreement 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 October 2014 by TDM Constructions Pty Ltd for the approval of a single-enterprise agreement known as the TDM Constructions Pty Ltd Enterprise Agreement 2017 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, TDM Constructions Pty Ltd, sought approval of an enterprise agreement under section 184 of the Fair Work Act 2009. The applicant and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU), had negotiated the Enterprise Agreement 2017, which was then put to a vote of the employees. The majority of employees voted in favour of the agreement. The CFMMU did not object to the application, however, the Fair Work Commission (FWC) Registrar raised concerns that the agreement did not meet the requirement of "no coercion, no force" under section 230 of the Fair Work Act. The case was heard in the Federal Circuit Court of Australia.

The key legal issue was whether the enterprise agreement met the requirement of section 230 of the Fair Work Act, which provides that a person must not engage in conduct that is coercive or involves force in connection with the making of an enterprise agreement. The court needed to determine whether the employees had genuinely voted for the agreement without any undue influence or pressure from the applicant. The court also needed to consider the process by which the vote was conducted and whether it was fair and transparent.

The court found that the employees had genuinely voted for the agreement without any undue influence or pressure from the applicant. The court was satisfied that the process by which the vote was conducted was fair and transparent. The court also noted that the agreement contained provisions that protected the rights of employees, including provisions for dispute resolution and minimum wages. The court held that the agreement met the requirement of section 230 of the Fair Work Act and approved the Enterprise Agreement 2017. The court found that the agreement was in the best interests of the employees and the applicant.

The Federal Circuit Court of Australia approved the Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act. The court held that the employees had genuinely voted for the agreement without any undue influence or pressure from the applicant and that the process by which the vote was conducted was fair and transparent. The court also found that the agreement contained provisions that protected the rights of employees and was in the best interests of both the employees and the applicant. The agreement was approved and registered under section 184 of the Fair Work Act.

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