Timbermass Constructions Pty Ltd T/A Timbermass Constructions

[2024] FWCA 2042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Timbermass Constructions Pty Ltd T/A Timbermass Constructions

(AG2024/1602)

TIMBERMASS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 3 JUNE 2024

Application for approval of the Timbermass Constructions Pty Ltd Enterprise Agreement 2024

Timbermass Constructions Pty Ltd T/A Timbermass Constructions has applied for approval of a single enterprise agreement known as the Timbermass Constructions Pty Ltd Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 10 June 2024. The nominal expiry date of the Agreement is 3 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Timbermass Constructions Pty Ltd, trading as Timbermass Constructions, applied for approval of the 2024 Enterprise Agreement. The agreement was to be made under section 230 of the Fair Work Act 2009. The dispute involved the application for the agreement, which was intended to cover employees in the construction industry.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically in terms of its coverage, the process through which it was negotiated, and its compliance with the Act's provisions. Additionally, the Commission had to determine if the agreement was in the best interests of the employees it was intended to cover and if it appropriately balanced the interests of both employers and employees.

The Commission examined the negotiation process and found that it was conducted in good faith, with appropriate representation and participation. The agreement was also reviewed for compliance with the Fair Work Act, ensuring it covered all necessary terms and conditions of employment and did not disadvantage employees. After considering all submissions and evidence, the Commission was satisfied that the agreement met the legal requirements and was in the best interests of the employees. The Commission approved the agreement, highlighting its balanced approach and the fair terms it provided.

The final orders of the Commission were that the Timbermass Constructions Pty Ltd Enterprise Agreement 2024 be approved as a registered agreement under section 175 of the Fair Work Act. The agreement was to commence on the date of registration and would remain in effect until superseded by a new agreement 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