DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TL Contracting Services Pty Ltd as Trustee For TL Contracting Services Trust
(AG2019/1361)

TL CONTRACTING SERVICES PTY LTD AS TRUSTEE FOR TL CONTRACTING SERVICES TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 29 AUGUST 2019

Application for approval of the TL Contracting Services Pty Ltd as Trustee For TL Contracting Services Trust Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the TL Contracting Services Pty Ltd as Trustee For TL Contracting Services Trust 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 TL Contracting Services Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The undertakings are taken to be a term of the agreement.

[5] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 29 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement proposed by TL Contracting Services Pty Ltd as Trustee for the TL Contracting Services Trust. The applicant sought to have the agreement, which aimed to regulate employment terms and conditions for its employees, formally approved by the Commission to ensure its enforceability. The opposition came from a group of employees who contested various provisions of the proposed agreement, particularly those related to pay rates and conditions.

The central legal issues revolved around the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the procedural requirements under the Act, including whether it had been fairly negotiated and whether it contained provisions that were genuinely agreed upon by the parties. Additionally, the Commission assessed whether the agreement provided appropriate protections for employees, including minimum rates of pay, leave entitlements, and other working conditions that aligned with the statutory minimum standards.

The Fair Work Commission meticulously examined the evidence presented by both parties, focusing on the negotiation process and the substantive provisions of the agreement. The Commission found that the negotiation process was conducted in good faith and that the proposed agreement had been genuinely agreed upon by the applicant and the representatives of the employees. Furthermore, the Commission was satisfied that the agreement contained provisions that provided for fair and reasonable terms and conditions of employment, including adequate pay rates and leave entitlements, in line with the statutory minimum standards. Consequently, the Commission approved the proposed enterprise agreement, acknowledging its compliance with the relevant statutory requirements.

The final orders of the Fair Work Commission included the approval of the TL Contracting Services Pty Ltd as Trustee for the TL Contracting Services Trust Enterprise Agreement, effective from the date of the Commission’s decision. This approval ensured that the agreement could be enforced as a binding contract between the employer and the employees, subject to the terms and conditions outlined in the approved document.

TL Contracting Services Pty Ltd as Trustee For TL Contracting Services Trust

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established