All Purpose Protection Pty Ltd Summary

[2014] FWCA 1337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Purpose Protection Pty Ltd
(AG2014/312)

ALL PURPOSE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 FEBRUARY 2014

Application for approval of the All Purpose Protection Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the All Purpose Protection Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Purpose Protection Pty Ltd. The agreement is a single enterprise agreement.

[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 was approved on 24 February 2014 and, in accordance with s.54, will operate from 3 March 2014. The nominal expiry date of the Agreement is 29 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by All Purpose Protection Pty Ltd for the approval of the All Purpose Protection Pty Ltd Enterprise Agreement 2013. The application was brought pursuant to the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the statutory requirements for approval, specifically focusing on the procedural fairness and the agreement's compliance with the Act. The case was heard in the Fair Work Commission, presided over by Deputy President A D Walsh.

The central legal issues revolved around whether the agreement was genuinely negotiated, whether it adhered to the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The application required the court to assess the negotiation process, the content of the agreement, and its implications for the employees. It was crucial to determine whether the agreement was made in good faith and whether it provided fair and reasonable terms for the employees.

The court found that the negotiation process was conducted in a manner that satisfied the statutory requirements, and the agreement was genuinely negotiated. The content of the agreement was also found to be compliant with the Act, and it was in the best interests of the employees. The Deputy President concluded that the agreement provided fair and reasonable terms for the employees, and there were no substantial defects that would warrant refusal of approval. Consequently, the court granted the application and approved the All Purpose Protection Pty Ltd Enterprise Agreement 2013.

All Purpose Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established