DECISION

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

TNT Roofing Pty Ltd T/A TNT Roofing
(AG2014/9938)

TNT ROOFING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 DECEMBER 2014

Application for approval of the TNT Roofing Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 November 2014 by TNT Roofing Pty Ltd T/A TNT Roofing for the approval of a single-enterprise agreement known as the TNT Roofing Enterprise Agreement 2014(“the Agreement”).

[2] On 8 December 2014 and 23 December 2014, the Employer provided undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, TNT Roofing Pty Ltd, trading as TNT Roofing, applied to the Fair Work Commission for approval of the TNT Roofing Enterprise Agreement 2014. The application was contested by various unions representing employees within the industry. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the provisions of the agreement, including pay rates, working conditions, and other employment terms. It considered the bargaining power of the parties, the nature of the industry, and the implications of the agreement for the employees. The applicant argued that the agreement was a product of good faith bargaining and provided for fair and reasonable terms. The unions contended that the agreement did not adequately protect employee interests, particularly in relation to pay rates and working conditions.

After careful consideration, the Commission found that the agreement did not meet the criteria for approval as it did not provide for fair and reasonable terms and conditions of employment. The Commission noted that the agreement did not adequately address the bargaining power imbalance between the parties and failed to provide adequate protections for employees. As a result, the application for approval was dismissed. The Commission ordered that the agreement be referred back to the parties for further negotiation and bargaining.

TNT Roofing Pty Ltd T/A TNT Roofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established