DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agram Pty Ltd T/A Maxi Blue Painting and Property Services
(AG2015/4071)

MAXI BLUE PAINTING AND PROPERTY SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Maxi Blue Painting and Property Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Maxi Blue Painting and property Services 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 Agram Pty Ltd T/As Maxi Blue Painting and property Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 7 August 2015 and, in accordance with s.54, will operate from 14 August 2015. The nominal expiry date of the Agreement is 7 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Agram Pty Ltd trading as Maxi Blue Painting and Property Services, applied to the Fair Work Commission for the approval of the Maxi Blue Painting and Property Services Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, and the primary issue before the Commission was whether the agreement met the criteria for registration as a single interest employer agreement.

The legal issues the Commission needed to address included whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it complied with procedural requirements, such as proper consultation and notice periods. Furthermore, the Commission needed to assess whether the agreement was genuinely negotiated and whether it provided for the resolution of disputes in an appropriate manner.

The Fair Work Commission found that the agreement satisfied the legislative requirements for a single interest employer agreement. It contained all the minimum terms and conditions as stipulated in the Fair Work Act. The Commission was satisfied that there had been genuine negotiation between the parties and that the agreement was not detrimental to the employees. The Commission also found that the procedural requirements had been met, including proper consultation and adequate notice periods. Consequently, the Commission approved the agreement, and it was registered on the Register of Approved Agreements.

The Fair Work Commission's decision was that the Maxi Blue Painting and Property Services Enterprise Agreement 2015 met all the necessary criteria for approval and registration under the Fair Work Act 2009. The agreement was registered, and it became legally binding on the parties from the date of registration.

Agram Pty Ltd T/A Maxi Blue Painting and Property Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established