DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Badge Constructions (WA) Pty Ltd T/A Badge Constructions
(AG2015/5477)

BADGE CONSTRUCTIONS (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 SEPTEMBER 2015

Application for approval of the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2015. The applicant argued that the agreement met the requirements for approval under the Fair Work Act 2009. The respondent, Badge Constructions (WA) Pty Ltd, opposed the application on the grounds that the agreement did not comply with certain provisions of the Act.

The legal issues before the court centred on whether the agreement satisfied the requirements for approval under section 233 of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was "better off overall" for employees, and whether it included appropriate mechanisms for the resolution of disputes. Additionally, the court had to consider whether the agreement met the requirements for coverage and the negotiation of the agreement.

The court found that the agreement was "better off overall" for employees, as it provided for wage increases, improved leave entitlements, and better conditions for certain groups of employees. The court also found that the agreement included appropriate mechanisms for the resolution of disputes, such as a dispute resolution procedure and provisions for the referral of disputes to the Fair Work Commission. Furthermore, the court found that the agreement met the requirements for coverage and negotiation, as it was negotiated in good faith and covered a sufficient proportion of the employees in the relevant bargaining unit. The court therefore approved the agreement.

The court made an order approving the Badge Constructions (WA) Pty Ltd Enterprise Agreement 2015 as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on the parties and can be enforced by the Fair Work Commission.

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