Thomson Adsett (Services) Pty Ltd T/A Thomson Adsett

[2023] FWCA 2126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thomson Adsett (Services) Pty Ltd T/A Thomson Adsett

(AG2023/2010)

THOMSON ADSETT ENTERPRISE BARGAINING AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2023

Application for approval of the Thomson Adsett Enterprise Bargaining Agreement 2023.

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Thomson Adsett Enterprise Bargaining Agreement 2023 (Agreement).

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

Clause 17.3 – Substitution of certain public holidays which fall on a weekend - is likely inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 11 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Thomson Adsett (Services) Pty Ltd, trading as Thomson Adsett, seeking approval for the Thomson Adsett Enterprise Bargaining Agreement 2023. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement complied with relevant industrial relations laws and whether it was in the best interests of the employees.

The court was tasked with determining if the agreement met the requirements set forth in the Fair Work Act 2009, particularly focusing on the provisions concerning the process for making enterprise agreements and the substantive terms of the agreement itself. The key issues included whether the agreement had been fairly negotiated, if it provided for appropriate mechanisms for resolving disputes, and if it included provisions that were contrary to public policy or otherwise invalid.

The Fair Work Commission examined the negotiation process, the content of the agreement, and its implications for the employees. The Commission concluded that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees. The Commission found that the agreement met all legislative requirements and did not contain any invalid provisions. Consequently, the application for approval of the Thomson Adsett Enterprise Bargaining Agreement 2023 was successful.

The Fair Work Commission approved the agreement, finding it to be a genuine enterprise agreement that complied with all relevant industrial relations laws. The approval is effective from the date of the decision and will remain in force until the next agreement is made or until terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established