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

[2014] FWCA 1271

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
(AG2014/125)

TJ & RF FORDHAM PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 FEBRUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe 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 trading as TRN Group (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were TJ & RF Fordham Pty Ltd, trading as the TRN Group, and the Australian Services Union. The dispute pertained to the approval of the Enterprise Agreement proposed by TJ & RF Fordham Pty Ltd. The case was heard in the Fair Work Commission of Australia. The central legal issue was whether the proposed Enterprise Agreement complied with the relevant legislative provisions and whether it should be approved or not.

The Fair Work Commission needed to determine if the proposed Enterprise Agreement met the requirements under the Fair Work Act 2009, specifically sections concerning the approval process and the agreement's content. The Commission also had to consider if the agreement contained terms that were fair and reasonable, and whether it complied with the procedural requirements of the Act.

The Commission found that the proposed Enterprise Agreement met the necessary legislative requirements. It was deemed to be fair and reasonable, and the procedural requirements had been met. The agreement was approved, and the Commission was satisfied that it would contribute to the harmonious, productive, and efficient workplace relations as envisioned by the Fair Work Act 2009.

The Fair Work Commission approved the proposed Enterprise Agreement, and it came into effect from the date of the Commission's decision. The approval ensures that the terms and conditions of employment for the employees of TJ & RF Fordham Pty Ltd, trading as the TRN Group, are governed by the agreed-upon provisions.

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