Tru Floor Service Pty Limited T/A Tru Service Group

[2013] FWCA 1126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tru Floor Service Pty Limited T/A Tru Service Group
(AG2013/274)

TRU FLOOR SERVICE PTY. LIMITED ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 19 FEBRUARY 2013

Application for approval of the Tru Floor Service Pty. Limited Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Tru Floor Service Pty. Limited Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Tru Flor Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] Tru Floor Services Pty Ltd has provided a written undertaking in relation to clause 14 Termination of Employment in the Agreement. I am satisfied the undertaking meets my concern.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement. I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2013. The nominal expiry date is four (4) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tru Floor Service Pty Limited T/A Tru Service Group applied to the Fair Work Commission for approval of the Tru Floor Service Pty. Limited Enterprise Agreement 2012. The dispute involved the terms and conditions of employment of the employees within the company. The Fair Work Commission, presided over by Deputy President Coughlan, was tasked with determining the application.

The legal issues before the court centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for being considered a "better-off overall test" (BOOT) agreement. The application for approval hinged on whether the proposed terms and conditions provided a net benefit to the employees compared to the applicable award or registered agreement.

The court examined the evidence presented regarding the changes proposed by the agreement, including adjustments to wages, leave entitlements, and other employment conditions. Deputy President Coughlan assessed the submissions made by both parties and considered the potential impact of the agreement on the employees' overall working conditions. After careful deliberation, the court determined that the proposed agreement met the necessary criteria and approved the enterprise agreement, finding it to be a BOOT agreement. This decision was based on the comprehensive evaluation of the presented evidence and the conclusion that the agreement would provide a net benefit to the employees.

In conclusion, the Fair Work Commission approved the Tru Floor Service Pty. Limited Enterprise Agreement 2012, recognising it as a BOOT agreement that improved the terms and conditions of employment for the employees. The court's decision was grounded in the evidence presented and the overall assessment of the agreement's benefits.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established