DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allroads Solutions Pty Ltd
(AG2016/6080)

ALLROADS SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Allroads Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allroads Solutions Pty Ltd 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 Allroads Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[2] The Agreement was approved on 17 October 2016 and, in accordance with s.54, will operate from 24 October 2016. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allroads Solutions Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with its employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement contained the minimum terms and conditions required by the Act, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment.

The Fair Work Commission considered the provisions of the agreement and examined whether it complied with the legislative requirements. The Commission assessed if the agreement provided for minimum wage rates, including any loadings, penalty rates, and allowances as stipulated by the relevant awards. Additionally, the Commission ensured that the agreement contained provisions for leave entitlements, including annual leave, personal/carer’s leave, and other leave provisions. The Commission also evaluated if the agreement adhered to other mandatory conditions set out in the Act.

Upon review, the Fair Work Commission found that the Allroads Solutions Pty Ltd Enterprise Agreement 2016 contained the necessary minimum terms and conditions as required by the Fair Work Act 2009. The agreement included provisions for minimum wages, penalty rates, and leave entitlements, aligning with the legislative standards. Consequently, the Commission approved the agreement, determining that it met all the criteria for endorsement under the Act.

The Fair Work Commission approved the Allroads Solutions Pty Ltd Enterprise Agreement 2016, effective from the date of the approval. The agreement was registered, and the terms and conditions outlined within it became binding on the parties involved.

Allroads Solutions 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