Ballestrin Construction Services Pty Ltd

[2014] FWCA 5638

FAIR WORK COMMISSION

DECISION

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

Ballestrin Construction Services Pty Ltd
(AG2014/7023)

BALLESTRIN CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 AUGUST 2014

Application for approval of the Ballestrin Construction Services Pty Ltd Enterprise Agreement 2014.

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

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2014. The nominal expiry date of the Agreement is 30 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Ballestrin Construction Services Pty Ltd, an applicant seeking approval of the Enterprise Agreement 2014. The application was heard by the Fair Work Commission. The dispute centred around the terms and conditions of employment as stipulated in the agreement, with particular attention to the classification and remuneration of employees, as well as various other employment provisions. The core legal issues before the Commission were whether the agreement met the requisite standards under the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test" and its adherence to the "national employment standards".

The Commission meticulously examined the evidence presented by both parties, considering the economic and practical implications of the agreement. It assessed whether the agreement would result in employees being no worse off financially and whether it provided adequate safeguards for employees. The Commission also evaluated the procedural fairness of the agreement's development, ensuring that proper consultation and representation processes were followed. After careful deliberation, the Commission concluded that the agreement satisfied the statutory requirements and was thus approved.

In light of the findings, the Fair Work Commission determined that the Ballestrin Construction Services Pty Ltd Enterprise Agreement 2014 met the necessary legislative criteria. The agreement was approved, ensuring that the terms and conditions outlined would be legally binding. This decision was based on the comprehensive evidence that demonstrated the agreement's compliance with the statutory provisions and its alignment with the principles of procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established