DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timber Mechanical Services Pty Ltd
(AG2015/1752)

THE TRUSTEE FOR TIMBER MECHANICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2015-2019

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 31 MARCH 2015

Application for approval of The Trustee for Timber Mechanical Services Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a single-enterprise agreement known as The Trustee for Timber Mechanical Services Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timber Mechanical Services Pty Ltd (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2015. The nominal expiry date of the Agreement is 28 February 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Timber Mechanical Services Pty Ltd applied for the approval of an enterprise agreement. The dispute arose due to the proposed terms and conditions outlined in the agreement, which the parties were unable to resolve through their own negotiations. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it was made in good faith, and whether it complied with the provisions of the Fair Work Act. The Trustee argued that the agreement was fair and reasonable, made in good faith, and complied with all statutory requirements. Opposing counsel contended that certain provisions of the agreement were unreasonable and that the process leading to its creation was not conducted in good faith.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement was fair and reasonable, made in good faith, and complied with the Fair Work Act. The Commission noted that the Trustee had demonstrated a commitment to good faith negotiations and had taken into account the interests of the employees. The Commission also found that the proposed terms and conditions were reasonable and in line with industry standards. Consequently, the Commission approved the agreement, and it will now be binding on the parties involved.

The Trustee for Timber Mechanical Services Pty Ltd is directed to take all necessary steps to implement the approved enterprise agreement. The employees and employers covered by the agreement must adhere to its terms and conditions. Any disputes arising from the agreement may be referred to the Fair Work Commission for resolution.

Timber Mechanical Services 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