DECISION

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

Townes Contracting Group Pty Ltd ATF Townes Contracting Family Trust T/A Townes Contracting Group Pty Ltd
(AG2020/1673)

TOWNES CONTRACTING GROUP ENTERPRISE AGREEMENT 2020 -2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 30 JULY 2020

Application for approval of the Townes Contracting Group Enterprise Agreement 2020-2024.

[1] An application has been made for the approval of an enterprise agreement known as the Townes Contracting Group Enterprise Agreement 2020 -2024 (‘the Agreement’). The application was made by Townes Contracting Group Pty Ltd ATF Townes Contracting Family Trust (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 6 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Townes Contracting Group Pty Ltd, trading as Townes Contracting Group Pty Ltd, seeking approval for their Enterprise Agreement 2020-2024. The dispute arose before the Fair Work Commission, the body responsible for regulating and approving such agreements. The primary issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly whether it was made in good faith and provided for minimum terms and conditions of employment. Additionally, the Commission needed to determine if the agreement was fair and whether it had been genuinely negotiated between the employer and the employees' representatives.

The Fair Work Commission examined the process of negotiation and the content of the agreement to ensure it met the statutory criteria. The Commission considered whether the parties had genuinely bargained and if the agreement provided for fair terms and conditions. The Commission also assessed if the agreement provided for minimum entitlements as required by the Fair Work Act and whether it contained any unfair terms. The evidence presented by both parties, including the negotiation process and the final terms of the agreement, was scrutinised to determine compliance with the statutory requirements.

After thorough consideration of the evidence, the Fair Work Commission concluded that the agreement was made in good faith and provided for the minimum terms and conditions of employment. The Commission found that the negotiation process was genuine and that the agreement contained fair terms. Consequently, the Commission approved the Enterprise Agreement 2020-2024. The decision was based on the comprehensive evidence provided by the parties, which demonstrated compliance with the statutory requirements.

The Fair Work Commission approved the Townes Contracting Group Enterprise Agreement 2020-2024, affirming that it met the necessary criteria under the Fair Work Act. The Commission's decision recognised the validity of the negotiation process and the fairness of the agreement's terms. This approval ensures that the agreement will govern the employment conditions for the specified period, subject to the conditions of the Fair Work Act.

Townes Contracting Group Pty Ltd ATF Townes Contracting Family Trust T/A Townes Contracting Group 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