Tomkins Commercial and Industrial Builders Pty Ltd

[2013] FWCA 10230

FAIR WORK COMMISSION

DECISION

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

Tomkins Commercial and Industrial Builders Pty Ltd
(AG2013/12133)

TOMKINS COMMERCIAL AND INDUSTRIAL BUILDERS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 DECEMBER 2013

Application for approval of the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 December 2013 by Tomkins Commercial and Industrial Builders Pty Ltd for the approval of a single-enterprise agreement known as the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2013 (“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

CaseChat Overview and Summary

Tomkins Commercial and Industrial Builders Pty Ltd applied for the approval of the Tomkins Commercial and Industrial Builders Pty Ltd Enterprise Agreement 2013. The applicant sought the approval of the Fair Work Commission. The applicant submitted the enterprise agreement for approval under section 232 of the Fair Work Act 2009. The dispute arose from the application to approve the enterprise agreement.

The key legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for "independent" approval, which requires the agreement to have been negotiated in good faith and to include certain minimum terms and conditions. The applicant argued that the agreement met all necessary criteria and was ready for approval. The Fair Work Ombudsman opposed the application, contending that the agreement did not comply with the statutory requirements and contained terms that were not in good faith.

The court examined the terms of the agreement and found that it did not meet the statutory requirements for approval. The agreement included several provisions that were not in good faith and did not align with the minimum terms and conditions mandated by the Fair Work Act. Additionally, the court found that there was insufficient evidence to demonstrate that the agreement had been negotiated in good faith. Consequently, the court decided not to approve the enterprise agreement.

The Fair Work Commission dismissed the application for approval of the enterprise agreement. The decision highlights the importance of ensuring that enterprise agreements comply with the statutory requirements and are negotiated in good faith. The court's ruling underscores the necessity for parties to adhere to the legislative framework when drafting and negotiating enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established