DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adroit Building and Services Pty Ltd
(AG2019/2849)

ADROIT BUILDING AND SERVICES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2019

Application for approval of the Adroit Building and Services Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Adroit Building and Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adroit Building and Services Pty Ltd.

[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 6 September 2019. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Adroit Building and Services Pty Ltd sought approval of an enterprise agreement with its employees. The dispute centred on the terms of the Adroit Building and Services Enterprise Agreement 2019, which aimed to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the necessary legal requirements, including the provisions of the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith and whether it adhered to the process outlined in the Act. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, including adequate wage rates and conditions of employment.

The Commission found that the agreement was made in good faith and followed the necessary process. It held that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the bargaining power of the parties. The Commission approved the enterprise agreement, emphasising the importance of such agreements in providing certainty and stability for both employers and employees.

The Fair Work Commission approved the Adroit Building and Services Enterprise Agreement 2019. This decision provided clarity and certainty for the parties involved and set a precedent for similar agreements in the building and services industry.

Adroit Building and 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