[2016] FWCA 1236

The attached document replaces the document previously issued with the above code on 26 February 2016.

Correction to paragraph numbering.

Member Assist for COMMISSIONER ROE

Dated 3 March 2016

[2016] FWCA 1236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TFP Construction Pty Ltd
(AG2016/185)

T F P CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the T F P Construction Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the T F P Construction Pty Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TFP Construction Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 26 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, TFP Construction Pty Ltd, sought approval of the TFP Construction Pty Ltd Enterprise Agreement 2016-2018. The applicant is a construction company, and the respondent is the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), representing the employees. The nature of the dispute was the terms and conditions of employment under the proposed agreement. The Commission was tasked with determining whether the agreement should be approved as a registered, certified agreement.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it contained minimum terms and conditions, and if it was fairly and properly negotiated. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the public interest.

The Commission found that the agreement met the statutory requirements and was fairly and properly negotiated. The agreement provided for terms and conditions that were no less favourable than the applicable modern award and included provisions for minimum wages, penalty rates, and other entitlements. The Commission concluded that the agreement was in the best interests of the employees and did not adversely affect the public interest. Consequently, the Commission approved the TFP Construction Pty Ltd Enterprise Agreement 2016-2018, and it became a registered, certified agreement under the Fair Work Act.

TFP Construction 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