DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TradeConnex Pty Ltd
(AG2016/7653)

TRADECONNEX PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 FEBRUARY 2017

Application for approval of the Tradeconnex Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tradeconnex 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 TradeConnex Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2017. The nominal expiry date of the Agreement is 7 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TradeConnex Pty Ltd, an applicant, sought approval of the Tradeconnex Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission (FWC). The agreement, aimed at regulating employment terms for the company's employees, was contested by the Australian Manufacturing Workers Union (AMWU), an intervener, on various grounds. The crux of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC involved the interpretation and application of specific sections of the Fair Work Act, particularly regarding the procedural fairness in the making of the agreement, its compliance with the Good Faith Bargaining (GFB) provisions, and whether the agreement contained mandatory terms that were not genuinely agreed upon. The AMWU argued that the agreement failed to satisfy the GFB requirements and that certain terms were not genuinely bargained for, hence, should not be approved.

The FWC, after thorough examination of the evidence and submissions, found that the agreement was indeed made in good faith and that all parties had genuinely bargained for the terms contained within. The FWC held that the company had fulfilled its obligations under the Act, and there was no basis to interfere with the agreement. Consequently, the FWC approved the Tradeconnex Pty Ltd Enterprise Agreement 2016. This decision affirmed the validity of the agreement and set a precedent regarding the proper process for approving enterprise agreements under the Fair Work Act.

TradeConnex 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