TJ & RF Fordham Pty Ltd T/A TRN Group Summary

[2018] FWCA 1121

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TJ & RF Fordham Pty Ltd T/A TRN Group

(AG2017/4984)

TJ & RF Fordham Pty Ltd Enterprise Agreement

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 21 FEBRUARY 2018

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

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

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, 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 28 February 2018. The nominal expiry date of the Agreement is 20 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, TJ & RF Fordham Pty Ltd trading as TRN Group, sought approval of an enterprise agreement. The application was before the Fair Work Commission. The dispute involved the terms and conditions of employment for certain employees and the processes for resolving disputes under the proposed agreement.

The primary legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "simple" agreement and whether it contained terms that were necessary to protect the employees' interests. The Commission also considered whether the dispute resolution procedures in the agreement were fair and reasonable.

The Fair Work Commission concluded that the enterprise agreement complied with the relevant legislative requirements. The agreement was found to be a simple agreement, and the terms included were necessary to protect the employees' interests. The dispute resolution procedures were deemed to be fair and reasonable, providing adequate mechanisms for resolving disputes between the employer and employees. As a result, the Commission approved the application for the enterprise agreement.

The final order was that the TJ & RF Fordham Pty Ltd Enterprise Agreement be approved as a simple agreement, effective from the date of the Commission's decision.

TJ & RF Fordham Pty Ltd T/A TRN Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established