Trew Stone Building Contractors Pty Ltd T/A Trew Stone Contractors

[2023] FWCA 1478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trew Stone Building Contractors Pty Ltd T/A Trew Stone Contractors

(AG2023/1317)

TREW STONE BUILDING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2023

Application for approval of the Trew Stone Building Contractors Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Trew Stone Building Contractors Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 30 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trew Stone Building Contractors Pty Ltd, trading as Trew Stone Contractors, applied for approval of the Enterprise Agreement 2023 under the Fair Work Act 2009. The application was before the Fair Work Commission, presided over by Commissioner King. The dispute centred on whether the proposed Enterprise Agreement met the criteria for approval under the Act, specifically focusing on the procedural fairness of the agreement and its compliance with the "better off overall test".

The central legal issues the Commission needed to resolve were whether the agreement was genuinely negotiated, free from any duress or coercion, and whether it provided employees with a better overall outcome compared to the applicable award or safety net. The Commission also needed to determine if the agreement was in compliance with the statutory requirements, including the provision of adequate notice and the availability of employee representation.

The Commission concluded that the agreement was indeed the product of genuine negotiation and was free from any form of coercion. It was found to be compliant with the statutory notice provisions and the requirement for employee representation. Furthermore, the Commission determined that the agreement met the "better off overall test" as it provided employees with benefits that outweighed any disadvantages. Consequently, the application was approved, and the Enterprise Agreement 2023 was registered.

The Fair Work Commission approved the application and registered the Trew Stone Building Contractors Pty Ltd Enterprise Agreement 2023. The Commission's decision confirmed that the agreement met all statutory requirements for approval and provided employees with a better overall outcome. The approval is effective from the date of the Commission's decision and will govern the employment terms of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established