Timbermass Constructions Pty Ltd T/A Timbermass Constructions

[2018] FWCA 7297

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Timbermass Constructions Pty Ltd T/A Timbermass Constructions

(AG2018/5189)

Timbermass Constructions Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner Saunders	NEWCASTLE, 29 NOVEMBER 2018

Application for approval of the Timbermass Constructions Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Timbermass Constructions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Timbermass Constructions Pty Ltd T/A Timbermass Constructions. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2018. The nominal expiry date of the Agreement is 28 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Timbermass Constructions Pty Ltd to have their Enterprise Agreement 2018 approved. This agreement was put forward as a means to regulate the terms and conditions of employment for their workers. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The legal issues at hand focused on whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it met the specific protections outlined in the Act.

In addressing these issues, the court meticulously examined the process through which the agreement was negotiated and the content of the agreement itself. The court considered submissions from both the employer and the union, as well as evidence provided regarding the negotiation process. It was critical to ensure that the agreement was not only procedurally sound but also substantively fair. The court also looked into whether the agreement provided adequate protections for employees, such as minimum wage rates, reasonable working hours, and adequate leave provisions. The court's analysis also included assessing whether the agreement was fair and appropriate in the context of the particular industry and the bargaining positions of the parties involved.

After a thorough review of the evidence and arguments presented, the court concluded that the Enterprise Agreement 2018 met all the necessary criteria for approval. The court found that the agreement was made in good faith and did not involve any coercion or undue influence. Furthermore, the court determined that the agreement provided appropriate protections and benefits to employees, aligning with the requirements of the Fair Work Act. Consequently, the court approved the agreement, thereby enabling it to be registered and enforceable under the Act. This decision ensures that the terms of employment for the workers are governed by a legally binding agreement that balances the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established