Terry's Carpentry Services Pty Ltd

[2013] FWCA 7258

FAIR WORK COMMISSION

DECISION

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

Terry's Carpentry Services Pty Ltd
(AG2013/2825)

TERRY'S CARPENTRY SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Terry's Carpentry Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Terry's Carpentry Services Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Terry’s Carpentry Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Terry's Carpentry Services Pty Ltd applied for the approval of the Enterprise Agreement 2013. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The application was brought before the Commission by the Australian Building and Construction Commission (ABCC), which has a role in ensuring that enterprise agreements comply with the law and do not undermine the rights of employees.

The central issue before the Commission was whether the agreement complied with the statutory requirements for approval. Key points of contention included whether the agreement provided for adequate consultation and notification processes, and whether it appropriately balanced the interests of both employers and employees. Another concern was whether the agreement included provisions that were contrary to public policy or not genuinely an agreement between the parties.

The Commission found that the agreement did not provide for adequate consultation and notification processes as required by the Fair Work Act. It was also found that certain provisions of the agreement were contrary to public policy. The Commission held that the agreement did not genuinely reflect the outcome of negotiations between the parties, as it was heavily influenced by the employer. Given these findings, the Commission refused to approve the agreement. The Commission noted the importance of ensuring that enterprise agreements genuinely reflect the outcome of free and independent bargaining, and that they comply with all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established