DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABS Facade W.A. Pty Ltd
(AG2018/3016)

ABS FACADE WA PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the ABS Facade WA Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ABS Facade WA Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ABS Facade W.A. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 10 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ABS Facade W.A. Pty Ltd, the applicant, sought approval of the ABS Facade WA Pty Ltd Enterprise Agreement 2018, which was entered into between the applicant and the Building and Construction Trades Employees Union of Australia WA Division. The dispute centred around whether the agreement complied with the necessary legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements outlined in the Act. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it provided for the proper negotiation and representation of the employees' interests. Additionally, the Commission considered whether the agreement contained all the mandatory terms prescribed by the Act and if it complied with the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and whether there was adequate representation of the employees. The Commission also assessed whether the agreement contained all the mandatory terms and if it adhered to the principles of the Act, including ensuring that it did not undermine the right to free collective bargaining. The Commission concluded that the agreement was made in good faith, provided for proper negotiation, and contained all the required terms. As a result, the Commission approved the agreement, finding it to be compliant with the legal requirements.

Consequently, the Fair Work Commission granted approval of the ABS Facade WA Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. The agreement was deemed to be legally compliant and was accepted as a valid enterprise agreement under the Fair Work Act 2009.

ABS Facade W.A. 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