TJ & RF Fordham Pty Ltd T/A TRN Group
[2025] FWCA 3433
•14 OCTOBER 2025
| [2025] FWCA 3433 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2025/3310)
TJ & RF FORDHAM PTY LTD ENTERPRISE AGREEMENT 2025
| Building, metal and civil construction industries | |
| COMMISSIONER SLOAN | SYDNEY, 14 OCTOBER 2025 |
Application for approval of the TJ & RF Fordham Pty Ltd Enterprise Agreement 2025
TJ & RF Fordham Pty Ltd has applied for approval of a single enterprise agreement known as the TJ & RF Fordham Pty Ltd Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
There are two terms in the Agreement I wish to highlight. First, clause 50.8 provides that if an employee provides less than the required amount of notice of termination, “the Company may deduct from any remaining payment due to the employee from the Company a monetary amount equal to the amount of notice which the employee failed to provide to the Company”. On its face, the clause appears impermissibly to allow the company to withhold monies owing to the employee on termination, including accrued but unused annual leave or long service leave. Second, clause 50.10 provides that “employees must return all property to the Company prior to any termination payment being made”. Nothing in the Act permits an employer to withhold termination entitlements on that basis.
However, clause 3.3 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clauses 50.8 and 50.10 are not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 21 October 2025. The nominal expiry date of the Agreement is 14 October 2029.
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