DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Townsend Group Pty Limited
(AG2015/4678)

TOWNSEND GROUP - INSTALLATION - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Townsend Group - Installation - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Townsend Group - Installation - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Townsend Group Pty Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 26 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Townsend Group Pty Limited, an employer, and its employees, represented by a union. The dispute centred on the application for approval of the "Townsend Group - Installation - Enterprise Agreement 2015" under the Fair Work Act 2009. The application was heard in the Fair Work Commission, a specialist industrial relations tribunal in Australia.

The legal issues before the Commission were whether the enterprise agreement was appropriately negotiated, if it complied with the good faith bargaining requirements, and whether it met the other statutory criteria for approval under the Act. The Commission had to consider submissions from both parties and assess whether the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the agreement was indeed the result of genuine and proper negotiations, meeting the good faith requirements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and it met all other statutory criteria for approval. The Commission approved the application and registered the enterprise agreement.

The final orders of the Fair Work Commission were that the "Townsend Group - Installation - Enterprise Agreement 2015" be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to govern the terms and conditions of employment for the employees covered by the agreement.

Townsend Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established