Acumen Linemarking Pty Ltd t/a Hitech Linemarking

[2013] FWCA 1081

FAIR WORK COMMISSION

DECISION

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

Acumen Linemarking Pty Ltd t/a Hitech Linemarking
(AG2013/4693)

ACUMEN LINEMARKING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 FEBRUARY 2013

Application for approval of the Acumen Linemarking Pty Ltd Employee Collective Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 January 2013 by Acumen Linemarking Pty Ltd t/a Hitech Linemarking for the approval of a single-enterprise agreement known as the Acumen Linemarking Pty Ltd Employee Collective Agreement 2012 (“the Agreement”).

[2] On 13 February 2013, the Employer provided three undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Acumen Linemarking Pty Ltd, trading as Hitech Linemarking, applied for the approval of the Acumen Linemarking Pty Ltd Employee Collective Agreement 2012. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed collective agreement met the necessary requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while no party opposed the application.

The legal issues before the Commission were whether the agreement provided for minimum wages and conditions as per the relevant award, and whether it met the other criteria for approval as outlined in the Fair Work Act. This included ensuring the agreement was not detrimental to the employees and that it was genuinely agreed upon by both parties. The Commission needed to determine if the agreement was in the public interest and whether it met the requirements for registration under the Act.

After considering the evidence and submissions, the Commission found that the proposed collective agreement met all the necessary criteria for approval. It was determined that the agreement provided for the minimum wages and conditions, was not detrimental to the employees, and was genuinely agreed upon by both parties. The Commission concluded that the agreement was in the public interest and met the requirements for registration under the Fair Work Act. The application was therefore approved, and the Acumen Linemarking Pty Ltd Employee Collective Agreement 2012 was registered.

The Fair Work Commission approved the application and registered the Acumen Linemarking Pty Ltd Employee Collective Agreement 2012, finding it met all the statutory requirements and was in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established