DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADA Construction Services Pty Ltd
(AG2015/982)

ADA CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the ADA Construction Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ADA Construction Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ADA Construction Services Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ADA Construction Services Pty Ltd, sought approval of an enterprise agreement with its employees. The Fair Work Commission (FWC) was the court that heard the matter. The dispute centred on the procedural fairness of the FWC's handling of the application, particularly whether the FWC had adequately considered the impact of the agreement on employee entitlements and the fairness of the agreement overall.

The legal issues before the FWC involved assessing whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a simple, genuine, and independent agreement and whether it complied with the process for approval. The applicant argued that the FWC had not given sufficient weight to certain aspects of the agreement, particularly those relating to employee entitlements. The FWC had to determine whether it had appropriately exercised its discretion in approving the agreement and whether procedural fairness was observed in its decision-making process.

The FWC considered the arguments presented and examined the evidence provided. It found that the agreement was genuine, simple, and independent, and that the process for its approval had been followed correctly. The FWC also determined that it had adequately considered the impact of the agreement on employee entitlements and had not erred in its assessment of the agreement's fairness. The FWC concluded that it had exercised its discretion appropriately and that procedural fairness had been maintained throughout the decision-making process. Consequently, the FWC approved the enterprise agreement.

The final order of the FWC was the approval of the ADA Construction Services Pty Ltd Enterprise Agreement 2015, with the agreement to be registered by the Commission. The applicant's application for approval was therefore successful, and the enterprise agreement was deemed to be in effect.

ADA Construction Services 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