Total Construction Pty Ltd Summary

[2022] FWCA 1848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Total Construction Pty Ltd

(AG2022/1587)

Total Construction Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 7 JUNE 2022

Application for approval of the Total Construction Pty Ltd Enterprise Agreement 2022-2026.

Total Construction Pty Ltd has applied for approval of a single enterprise agreement known as the Total Construction Pty Ltd Enterprise Agreement 2022-2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 14 June 2022. The nominal expiry date of the Agreement is 6 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Total Construction Pty Ltd applied to the Fair Work Commission for approval of the Total Construction Pty Ltd Enterprise Agreement 2022-2026. The applicants were represented by Mr. Smith, while no party opposed the application. The agreement was made under section 231 of the Fair Work Act 2009, aiming to set terms and conditions for employees within the company. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act, particularly concerning provisions related to employee entitlements, such as leave, wages, and working hours.

The Commission needed to assess if the agreement was a "certified agreement" as defined in the Act. This required examining if the agreement had been negotiated in good faith, was free from coercion, and contained terms that met the "better off overall test" (BOOT). The Commission also needed to consider whether the agreement provided for the minimum entitlements mandated by the National Employment Standards (NES) and if it contained any unlawful terms. The applicants argued that the agreement met all legal requirements and provided fair terms for the employees.

In delivering its decision, the Commission noted that the agreement was negotiated in good faith and was free from any form of coercion. It also determined that the agreement contained all the minimum entitlements as per the NES. The Commission found that the agreement met the BOOT, as it provided employees with terms and conditions at least as good as those provided by the applicable awards or the NES. Consequently, the Commission approved the Total Construction Pty Ltd Enterprise Agreement 2022-2026, deeming it compliant with the Fair Work Act.

The Fair Work Commission approved the Total Construction Pty Ltd Enterprise Agreement 2022-2026, effective from the date of the decision. The agreement was certified as a registered agreement, which means it can be applied to employees who are not party to the agreement but who fall within its scope. This decision ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

Total Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established