Architectural Leadwork Pty Ltd Summary

[2014] FWCA 1177

FAIR WORK COMMISSION

DECISION

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

Architectural Leadwork Pty Ltd
(AG2014/3544)

ARCHITECTURAL LEADWORK PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Architectural Leadwork Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Architectural Leadwork Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 February 2014. The nominal expiry date of the Agreement is31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Architectural Leadwork Pty Ltd Enterprise Agreement 2014 - 2017. The applicant, Architectural Leadwork Pty Ltd, sought to have the agreement registered, while the respondent, the Building and Construction Trades Officers Union of Australia, opposed its approval on the grounds that it did not meet certain statutory requirements. The dispute centred on the application's compliance with the Fair Work Act 2009 and its regulations, specifically regarding the process through which the agreement was made.

The primary legal issues before the Commission were whether the agreement was made in accordance with the prescribed processes under the Fair Work Act, and if it contained all the necessary provisions required by law. The Commission needed to determine if the agreement was genuinely negotiated and if it covered all mandated topics, including minimum wages and conditions, working hours, and dispute resolution mechanisms. The Commission also needed to consider if the agreement met the standards for simplicity and accessibility as required by the Act.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and contained all the necessary provisions. The Commission determined that the agreement was made in compliance with the statutory requirements, including the necessary consultation processes. The Commission was satisfied that the agreement met the standards for simplicity and accessibility and therefore approved the application for registration.

The Fair Work Commission approved the Architectural Leadwork Pty Ltd Enterprise Agreement 2014 - 2017, registering it as a registered agreement. The Commission's decision confirmed the agreement's validity and enforceability, providing clarity and certainty for the parties involved. The approval of the agreement ensures that the rights and obligations of the parties are protected under the Fair Work Act.

Architectural Leadwork Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established