DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Badge Constructions (QLD) Pty Limited
(AG2016/7126)

BADGE CONSTRUCTIONS (QLD) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Badge Constructions (QLD) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BADGE Constructions (QLD) 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 Badge Constructions (QLD) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Badge Constructions (QLD) Pty Ltd and its employees, as outlined in the Badge Constructions (QLD) Pty Ltd Enterprise Agreement 2016. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement was made in accordance with the Fair Work Act, specifically whether it contained all the mandatory terms and conditions as required by the legislation, and whether it was genuinely negotiated between the employer and the employees. The court also had to consider whether the agreement provided for a fair and efficient means of resolving disputes between the parties.

The court found that the enterprise agreement did indeed meet the statutory requirements for approval. It contained all the necessary mandatory terms and conditions, and there was evidence to suggest that the agreement had been genuinely negotiated between the parties. The court was satisfied that the agreement provided for a fair and efficient means of resolving disputes between the employer and employees, and therefore, approved the application for the agreement's registration.

As a result of the court's decision, the Badge Constructions (QLD) Pty Ltd Enterprise Agreement 2016 was approved and registered with the Fair Work Commission. This registration means that the agreement is now legally binding between the employer and employees, and it sets out the terms and conditions of employment for those covered by the agreement.

Badge Constructions (QLD) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established