DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trueline Formwork Pty Ltd
(AG2021/4579)

TRUELINE FORMWORK PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2021

Application for approval of the Trueline Formwork Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Trueline Formwork Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trueline Formwork Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 24 June 2021. The nominal expiry date of the Agreement is 16 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trueline Formwork Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement with its employees, covering the period from 2021 to 2025. The applicants sought to ensure that the proposed terms and conditions were compliant with the relevant industrial laws and provided a fair and reasonable outcome for both parties. The matter was heard in the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia.

The primary legal issues the Commission had to address included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided a fair and reasonable outcome for all employees. This involved scrutinising the proposed terms and conditions, ensuring they did not disadvantage any employee, and confirming that the agreement was made in good faith. Additionally, the Commission considered whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The Fair Work Commission found that the Enterprise Agreement proposed by Trueline Formwork Pty Ltd met all the necessary legal requirements. The agreement was deemed to be made in good faith and provided a fair and reasonable outcome for all employees. The Commission approved the agreement, confirming that it was consistent with the applicable legislation and would serve the best interests of both the employer and the employees. The Commission's decision was based on a detailed analysis of the agreement's provisions and its compliance with the relevant industrial laws.

The Fair Work Commission approved the Trueline Formwork Pty Ltd Enterprise Agreement 2021-2025, confirming that it met all legal requirements and provided a fair and reasonable outcome for all employees. This decision will allow the agreement to be implemented, providing a stable and agreed-upon framework for the relationship between the employer and its employees during the specified period.

Trueline Formwork 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