TJ & RF FORDHAM PTY LTD

[2022] FWCA 72

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TJ & RF FORDHAM PTY LTD

(AG2021/8981)

TJ & rf fORDHAM PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
Commissioner Matheson	SYDNEY, 12 JANUARY 2022

Application for approval of the TJ & RF Fordham Pty Ltd Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the TJ & RF Fordham Pty Ltd Enterprise Agreement 2021 (Agreement). The Agreement is a single enterprise agreement.

The name of the applicant was stated as ‘Glen Fordham’ in the ‘Form F16 - application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16).

The applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act to amend the name of the applicant as stated in the Form F16 to the correct legal name of the applicant and employer covered by the agreement, being ‘TJ & RF Fordham Pty Ltd’. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 18 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved TJ & RF Fordham Pty Ltd, which sought approval of an Enterprise Agreement from 2021. The primary dispute centred on the conditions and provisions outlined in the agreement, specifically in relation to the terms and conditions of employment for the workers involved. The case was heard in the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes. The commission was tasked with determining whether the agreement met the necessary legal standards for approval and whether it appropriately balanced the interests of both the employer and the employees.

The legal issues before the court encompassed several key areas. These included assessing whether the agreement complied with the provisions of the Fair Work Act 2009, particularly regarding minimum entitlements and protections afforded to employees. Additionally, the court had to consider whether the agreement was genuinely negotiated between the parties and if it provided fair and reasonable terms for the employees. The court also needed to determine if the agreement was in the best interests of the employees, considering factors such as job security, wages, and working conditions.

In reaching its decision, the court examined the specific provisions of the Enterprise Agreement and compared them to the relevant statutory standards. The court found that the agreement contained provisions that aligned with the protections and entitlements stipulated in the Fair Work Act. Furthermore, the evidence presented indicated that the agreement had been genuinely negotiated between the employer and the employees. The court concluded that the agreement offered fair and reasonable terms, taking into account the interests of both parties. Consequently, the court approved the TJ & RF Fordham Pty Ltd Enterprise Agreement 2021.

The court ordered that the Enterprise Agreement be approved and registered with the Fair Work Commission, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between TJ & RF Fordham Pty Ltd and its employees, subject to the ongoing obligations under 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