DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trade Administration Services Pty Ltd
(AG2016/540)

TRADE ADMINISTRATION SERVICES PTY LTD COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 MARCH 2016

Application for approval of the Trade Administration Services Pty Ltd Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trade Administration Services Pty Ltd Collective Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trade Administration Services Pty Ltd. 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 30 March 2016 and, in accordance with s.54, will operate from 6 April 2016. The nominal expiry date of the Agreement is 6 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trade Administration Services Pty Ltd was involved in an application for the approval of the Trade Administration Services Pty Ltd Collective Agreement 2015-2018. The application was lodged with the Fair Work Commission, which was required to assess whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues central to this case involved determining whether the agreement complied with the provisions of the Act, including the provisions relating to the fairness of the terms and conditions, and whether the agreement was genuinely negotiated between the employer and the employees.

The Fair Work Commission carefully examined the provisions of the agreement and the process by which it was negotiated. It considered whether the agreement provided for fair terms and conditions of employment, including minimum wages and conditions, hours of work, and other employment-related matters. The Commission also assessed the process of negotiation, ensuring that the agreement was genuinely negotiated and not imposed unilaterally. In this case, the Commission found that the agreement met the necessary requirements and was fairly negotiated, as evidenced by the process and the terms of the agreement.

Consequently, the Fair Work Commission approved the Trade Administration Services Pty Ltd Collective Agreement 2015-2018, recognising its compliance with the Fair Work Act 2009. The Commission's decision was grounded in the evidence presented, which demonstrated that the agreement provided fair terms and conditions for the employees and was genuinely negotiated. The approval of the agreement ensures that the employees of Trade Administration Services Pty Ltd will benefit from the terms and conditions set out in the agreement, promoting fair and equitable employment practices.

The final orders of the Commission included the approval of the Trade Administration Services Pty Ltd Collective Agreement 2015-2018, effective from the date of the decision. This decision provides clarity and certainty for the parties involved, ensuring that the agreement will govern the employment terms and conditions for the specified period. The approval also underscores the importance of fair negotiation practices in the collective bargaining process.

Trade Administration Services 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