DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Badge Constructions (WA) Pty Ltd T/A Badge Constructions
(AG2019/2095)

BADGE CONSTRUCTIONS (WA) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2019

Application for approval of the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2019 (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 (WA) Pty Ltd T/A Badge Constructions. The Agreement is a single enterprise agreement.

[2] I note for the benefit of those whom may read this Agreement that the cover page of the Agreement correctly titles the Agreement “Badge Constructions (WA) Pty Ltd Enterprise Agreement 2019”. However, sub clause 1.1 of the Agreement incorrectly names it the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2015.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 20 August 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Badge Constructions (WA) Pty Ltd, trading as Badge Constructions, sought approval of its Enterprise Agreement 2019 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute centred on the terms of the agreement, particularly those concerning the classification of employees, their wages, and the conditions of their employment. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as prescribed by the Fair Work Act.

The primary legal issues for the Commission to decide included whether the agreement provided for the fair remuneration and conditions of employment, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement fairly represented the interests of the employees, and if it provided for appropriate mechanisms for the resolution of workplace disputes. Additionally, the Commission considered whether the agreement adhered to the principles of the National Employment Standards and other relevant industrial instruments.

The Commission found that the agreement was fair and met the criteria for approval. It was determined that the agreement provided for the fair remuneration of employees and appropriate conditions of employment. The Commission was satisfied that the agreement represented the interests of the employees and provided for adequate mechanisms for the resolution of workplace disputes. Furthermore, it was found that the agreement complied with the National Employment Standards and other relevant industrial instruments. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Enterprise Agreement 2019 of Badge Constructions (WA) Pty Ltd, trading as Badge Constructions. The approval was granted on the basis that the agreement provided for fair remuneration and conditions of employment, and complied with the requirements of the Fair Work Act. The Commission's decision was made in the interest of ensuring fair and effective industrial relations within the company.

Badge Constructions (WA) Pty Ltd T/A Badge Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established