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

[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.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were TJ & RF Fordham Pty Ltd, trading as TRN Group, and various employees represented by the Australian Manufacturing Workers' Union. The dispute centred around the approval of the TJ & RF Fordham Pty Ltd Enterprise Agreement 2025, which was submitted to the Fair Work Commission for endorsement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards under the Fair Work Act 2009, including whether it provided for minimum entitlements and protected against adverse action.

The primary legal issues that the Commission had to address were whether the enterprise agreement provided for the minimum entitlements as required by section 235 of the Act, and whether it contained provisions that were contrary to the objectives of the Act or were otherwise unlawful. The Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission considered whether the agreement included necessary provisions for the protection of employees from adverse action.

The Fair Work Commission found that the enterprise agreement did provide for the minimum entitlements as required by the Act. The Commission noted that while the agreement contained some provisions that were not entirely compliant with the Act, these were not significant enough to warrant rejection of the agreement. The Commission also found that the agreement did not contain any provisions that were contrary to the objectives of the Act or were otherwise unlawful. The Commission was satisfied that the agreement had been made in good faith and adhered to the principles of procedural fairness. As a result, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Commission made a declaration that the TJ & RF Fordham Pty Ltd Enterprise Agreement 2025 was approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will now govern the employment terms and conditions between TJ & RF Fordham Pty Ltd and the relevant employees.

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