DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomkins Commercial and Industrial Builders Pty Ltd
(AG2016/6395)

TOMKINS COMMERCIAL AND INDUSTRIAL BUILDERS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tomkins Commercial and Industrial Builders Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 26 October 2020

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tomkins Commercial and Industrial Builders Pty Ltd applied to the Fair Work Commission for approval of the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2016. The application was made by the employer, who sought to implement the agreement to govern the terms and conditions of employment for its employees. The Australian Building and Construction Commission, on behalf of some of the employees, opposed the application, raising concerns about the agreement's provisions.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for "better off overall" and "no detriment" for the employees involved. The Commission had to determine whether the agreement provided fair and reasonable terms and conditions, and if it was likely to result in a better outcome for the employees compared to the applicable awards and whether it would cause detriment to any of the employees.

The Fair Work Commission found that the agreement complied with the Fair Work Act and met the "better off overall" and "no detriment" tests. The Commission considered the overall terms and conditions of employment provided by the agreement, including wages, hours of work, leave entitlements, and other benefits. The Commission also examined the potential impact of the agreement on the employees' entitlements and concluded that the agreement did not result in any detriment to the employees. Therefore, the Commission approved the application for the agreement.

As a result of the Commission's decision, the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2016 was approved and registered, and the terms and conditions of employment for the employees governed by the agreement. The employer was permitted to implement the agreement, and the employees were bound by the terms of the agreement, which became part of their employment contracts.

Tomkins Commercial and Industrial Builders Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established