DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Annex Holdings Pty Ltd
(AG2015/3266)

ANNEX HOLDINGS ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 JULY 2015

Application for approval of the Annex Holdings Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Annex Holdings Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Annex Holdings 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 23 July 2015 and, in accordance with s.54 of the Act, will operate from 30 July 2015. The nominal expiry date of the Agreement is 29 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Annex Holdings Pty Ltd, applied for approval of the Annex Holdings Enterprise Agreement 2015-2018. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees covered by the proposed agreement.

The legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The Commission had to determine if the agreement provided for a fair and reasonable rate of pay and other terms and conditions, and if it was made in accordance with the provisions of the Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for a rate of pay that was consistent with industry benchmarks, and other terms and conditions that were in line with industry standards. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the requirements for registration under the Fair Work Act. The application was therefore approved.

The Fair Work Commission approved the Annex Holdings Enterprise Agreement 2015-2018, finding that it provided for fair and reasonable terms and conditions of employment, and was made in good faith and without coercion. The agreement is now registered under the Fair Work Act, and will apply to the employees covered by it for the period of 2015 to 2018.

Annex Holdings 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