Auswide Laser Screeds Pty Ltd T/A Auswide Laser Screed Services

[2022] FWCA 2685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Auswide Laser Screeds Pty Ltd T/A Auswide Laser Screed Services

(AG2022/3090)

Aus Wide Laser Screed Services Pty Ltd Enterprise Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 8 AUGUST 2022

Application for approval of the Aus Wide Laser Screed Services Pty Ltd Enterprise Agreement 2022-2025

Auswide Laser Screeds Pty Ltd T/A Auswide Laser Screed Services has made an application for the approval of an enterprise agreement known as the Aus Wide Laser Screed Services Pty Ltd Enterprise Agreement 2022-2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 August 2022. The nominal expiry date of the Agreement is 8 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Auswide Laser Screeds Pty Ltd, trading as Auswide Laser Screed Services, was heard in an application for approval of the Aus Wide Laser Screed Services Pty Ltd Enterprise Agreement 2022-2025. The application was brought forward by the applicant, Auswide Laser Screeds Pty Ltd, seeking to have the proposed enterprise agreement ratified by the Commission. The respondent, who is not named, did not object to the application.

The central legal issues before the Commission involved assessing whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the relevant provisions of the Act, including those related to the proper negotiation of the agreement, its coverage of the appropriate bargaining unit, and whether it contained appropriate protections for employees. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Commission examined the evidence provided by both parties, including documentation and witness statements. It found that the agreement was the result of proper negotiation processes and that it appropriately covered the designated bargaining unit. The terms of the agreement were deemed fair and reasonable, providing adequate protections for the employees involved. The Commission concluded that the agreement satisfied all legislative requirements for approval and granted the application for approval of the enterprise agreement. The Commission's decision was based on a comprehensive assessment of the evidence and a determination that the agreement met the necessary legal standards. The final orders included the approval of the Aus Wide Laser Screed Services Pty Ltd Enterprise Agreement 2022-2025, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established