DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triton Construction Group Pty Ltd
(AG2016/6082)

TRITON CONSTRUCTION GROUP PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Triton Construction Group Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Triton Construction Group 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 Triton Construction Group 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 17 October 2016 and, in accordance with s.54, will operate from 24 October 2016. The nominal expiry date of the Agreement is 17 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triton Construction Group Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2016, brought before the Fair Work Commission. The matter arose due to a dispute between the company and the Australian Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary focus of the dispute was the proposed terms and conditions set out in the Enterprise Agreement, which the union contested as being unfavourable to its members.

The legal issues that the Commission had to resolve centred on whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act 2009. This included whether the agreement was genuinely negotiated, if it met the genuine bargain test, and if the terms and conditions were fair and reasonable. The union argued that the agreement did not meet these criteria, asserting that the process of negotiation was flawed and the terms were detrimental to the employees.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the negotiation process was indeed genuine and the agreement was a genuine bargain. The Commission also held that the terms and conditions of the agreement were fair and reasonable. The union's concerns about the process and the content were not sufficient to warrant a refusal of approval. Consequently, the Commission approved the Enterprise Agreement 2016, dismissing the union's objections.

The final orders of the Commission were that the Triton Construction Group Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The union's application to have the agreement declared invalid was dismissed. This decision confirmed the validity of the agreement and set the terms and conditions for the employees of Triton Construction Group Pty Ltd.

Triton Construction Group 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