DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TP Structures P/L T/A TP Structures
(AG2016/4151)

TP STRUCTURES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the TP Structures Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TP Structures 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 TP Structures P/L T/A TP Structures. 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.

[3] The Agreement was approved on 11 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 11 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TP Structures P/L T/A TP Structures applied for approval of the TP Structures Pty Ltd Enterprise Agreement 2016. The applicant sought approval of the agreement under section 180 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the agreement and the process by which it was negotiated and agreed upon. The Fair Work Commission was the court that heard the application.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act, including the necessity for good faith bargaining and the provision of essential protections. The court also had to consider whether the agreement was made in accordance with the provisions of the Act and whether it complied with the statutory requirements for enterprise agreements. Additionally, the court examined whether the agreement provided fair and reasonable terms and conditions for the employees.

In its reasoning, the court found that the agreement was negotiated in good faith and contained all the essential protections mandated by the Fair Work Act. The court confirmed that the agreement was made in compliance with the statutory requirements and provided fair and reasonable terms for the employees. The court emphasised the importance of the negotiation process and the need for all parties to adhere to the principles of good faith. The application was ultimately approved, and the enterprise agreement was certified as meeting the legislative standards.

The Fair Work Commission certified the TP Structures Pty Ltd Enterprise Agreement 2016 as meeting the requirements of the Fair Work Act 2009. The agreement was approved and will now serve as the governing document for the terms and conditions of employment for the employees of TP Structures P/L T/A TP Structures.

TP Structures P/L T/A TP Structures

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established