Alondra Pty Ltd T/A Build SA Summary

[2013] FWCA 3434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alondra Pty Ltd T/A Build SA
(AG2013/6669)

BUILD SA ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JUNE 2013

Application for approval of the Build SA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Build SA 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 Alondra Pty Ltd T/A Build SA. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 11 June 2013. The nominal expiry date of the Agreement is 10 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alondra Pty Ltd, trading as Build SA, applied to the Fair Work Commission for approval of the Build SA Enterprise Agreement 2013. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including that it was a genuine agreement, provided for the proper classification of employees, and included appropriate minimum terms and conditions.

The legal issues before the Commission were whether the agreement was genuinely negotiated, the classification of employees under the agreement was appropriate, and whether the minimum terms and conditions provided in the agreement met the requirements of the Fair Work Act. The Commission considered evidence from both parties, including submissions and witness testimonies, to determine whether the agreement met the necessary criteria.

The Commission found that the agreement was genuinely negotiated and that the classification of employees was appropriate. The Commission also found that the minimum terms and conditions provided in the agreement met the requirements of the Fair Work Act. The Commission approved the Build SA Enterprise Agreement 2013, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Build SA Enterprise Agreement 2013, subject to modifications. The modifications included changes to the agreement to ensure compliance with the Fair Work Act. The modifications did not significantly alter the substance of the agreement, and the parties were given an opportunity to negotiate and agree to the modifications. The Commission's decision was based on the evidence presented and its determination that the agreement met the necessary criteria for approval.

Alondra Pty Ltd T/A Build SA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established