DECISION

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

Tobin Projects Pty Ltd
(AG2015/1271)

TOBIN PROJECTS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JUNE 2015

Application for approval of the Tobin Projects Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 May 2015 by Tobin Projects Pty Ltd for the approval of a single-enterprise agreement known as the Tobin Projects Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves an application for the approval of the Tobin Projects Pty Ltd Enterprise Agreement 2015. The parties to the agreement are Tobin Projects Pty Ltd, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The CFMEU sought approval of the agreement, which had been negotiated between the parties and sought to regulate the terms and conditions of employment for workers under the agreement.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from inappropriate interference or influence. The CFMEU argued that the agreement provided for a fair and reasonable safety net, while Tobin Projects contended that certain provisions of the agreement were unfair and did not meet the statutory requirements. The Commission needed to determine whether the agreement met the criteria for approval, and if so, whether it should be approved.

The Commission found that the agreement provided for a fair and reasonable safety net of minimum wages and conditions, and that it did not contain any provisions that were unfair or contrary to public policy. The Commission also found that the agreement had been negotiated in good faith and was free from any inappropriate interference or influence. The Commission approved the agreement, noting that it contained a range of provisions that were designed to promote productivity, flexibility and efficiency in the workplace, while also protecting the rights and interests of employees. The Commission considered that the agreement represented a fair and reasonable outcome for both parties, and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Tobin Projects Pty Ltd Enterprise Agreement 2015, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement provides for a fair and reasonable safety net of minimum wages and conditions, and is free from any provisions that are unfair or contrary to public policy. The Commission considered that the agreement represented a fair and reasonable outcome for both parties, and was in the best interests of the employees covered by the agreement.

Tobin Projects Pty Ltd

DECISION

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