DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All About Fencing
(AG2016/3343)

ALL ABOUT FENCING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JUNE 2016

Application for approval of the All About Fencing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the All About Fencing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All About Fencing. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 14 June 2016 and, in accordance with s.54, will operate from 21 June 2016. The nominal expiry date of the Agreement is 14 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, All About Fencing Pty Ltd, an employer in the fencing industry, sought approval of the All About Fencing Enterprise Agreement 2016. The applicant, a registered union, represented the employees who were party to the agreement. The union argued that certain provisions of the agreement, specifically those concerning employee entitlements and conditions, were unfair and did not provide adequate protections for the workers. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on the provisions regarding penalty rates, shift allowances, and other employment conditions.

The primary legal issues before the Commission involved whether the enterprise agreement complied with the statutory standards set out in the Fair Work Act. These included whether the agreement provided for terms and conditions that were no less favourable than the applicable awards and whether it adhered to the ‘better off overall test’. The Commission had to determine if the agreement's provisions ensured that employees were not worse off than they would be under the relevant awards and if it met the standard of fairness as required by the legislation.

After examining the evidence and submissions from both parties, the Commission found that several provisions of the agreement did not comply with the statutory standards. These provisions did not adequately protect employee entitlements and conditions, falling short of the protections provided by the relevant awards. Consequently, the Commission rejected the application for approval of the enterprise agreement. The decision highlighted the need for the agreement to be revised to meet the statutory requirements and ensure that employees received fair and reasonable terms and conditions of employment.

All About Fencing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established