TMC Crushing Pty Ltd Summary

[2014] FWCA 2362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TMC Crushing Pty Ltd
(AG2014/4009)

TMC CRUSHING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 APRIL 2014

Application for approval of the TMC Crushing Pty Ltd Employee Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the TMC Crushing Pty Ltd Employee Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

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

[4] The Agreement is approved and will operate from 16 April 2014. The nominal expiry date of the Agreement is 4 years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, TMC Crushing Pty Ltd, sought approval of the TMC Crushing Pty Ltd Employee Collective Agreement 2014-2018. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the grounds that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the "no disadvantage" test, and whether it met the requirements of a lawful agreement under the Fair Work Act. Specifically, the respondent argued that the agreement failed to provide adequate protection for employees' rights and entitlements and did not adequately address issues such as casual loading, overtime, and penalty rates.

The Commission found that the agreement was genuinely negotiated and met the requirements of a lawful agreement under the Fair Work Act. While acknowledging that some provisions of the agreement could be improved, the Commission was satisfied that the agreement did not result in any employee being worse off than they would have been under the applicable Award. The Commission approved the application, subject to certain modifications to address the respondent's concerns. The modifications included provisions relating to casual loading, overtime, and penalty rates, which were designed to ensure that employees were not disadvantaged by the agreement.

The final orders of the Commission included the approval of the TMC Crushing Pty Ltd Employee Collective Agreement 2014-2018, subject to the modifications outlined in the decision. The respondent was directed to lodge the modified agreement with the Commission within 28 days of the decision, and the applicant was directed to implement the modified agreement from the date of its approval.

TMC Crushing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established