Aaristocrat Construction Pty Ltd

[2013] FWCA 4625

FAIR WORK COMMISSION

DECISION

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

Aaristocrat Construction Pty Ltd
(AG2013/1820)

AARISTOCRAT CONSTRUCTION PTY LTD ENTERPRISE AGREMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 JULY 2013

Application for approval of the Aaristocrat Construction Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aaristocrat Construction Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Aaristocrat Construction Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 22 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Aaristocrat Construction Pty Ltd applied to the Fair Work Commission for approval of the Aaristocrat Construction Pty Ltd Enterprise Agreement 2013 - 2017. The application was made under section 230 of the Fair Work Act 2009. The applicant is an employer and the respondent is an unincorporated association representing employees of the applicant. The nature of the dispute is whether the proposed agreement meets the legal requirements for approval under the Fair Work Act.

The legal issues before the court were whether the agreement provided for the proper protection of employees' interests and whether it complied with the provisions of the Fair Work Act. The court had to consider whether the agreement provided for minimum rates of pay, reasonable hours of work, and other entitlements as required by the Act. The court also had to consider whether the agreement provided for proper consultation and negotiation between the employer and employees.

The court found that the proposed agreement met the legal requirements for approval under the Fair Work Act. The court found that the agreement provided for minimum rates of pay, reasonable hours of work, and other entitlements as required by the Act. The court also found that the agreement provided for proper consultation and negotiation between the employer and employees. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement. No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established