Best Fab Pty Ltd

[2013] FWCA 2911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Fab Pty Ltd
(AG2013/974)

BEST FAB COLLECTIVE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 MAY 2013

Application for approval of the Best Fab Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Best Fab Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best Fab Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 9 May 2013 and, in accordance with s.54, will operate from 16 May 2013. The nominal expiry date of the Agreement is 15 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Best Fab Pty Ltd, sought approval for the Best Fab Collective Agreement 2013-2016, which was to govern the terms and conditions of employment for its employees. The Fair Work Commission (FWC) was the court that heard the application. The dispute centred around the agreement's provisions, including wage rates, working hours, and other employment conditions.

The legal issues before the FWC were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The applicant argued that the agreement was fair and reasonable, while the respondents contended that it failed to meet the necessary standards for approval. The FWC needed to consider whether the agreement provided for a fair and reasonable outcome for all parties involved.

The FWC examined the agreement's provisions and found that it met the necessary standards for approval. The FWC noted that the agreement provided for fair and reasonable outcomes for both the employer and the employees. The FWC also found that the agreement did not contain any provisions that would undermine the rights of the employees or result in an unfair outcome. The FWC concluded that the agreement was fair and reasonable and approved it accordingly.

The FWC ordered that the Best Fab Collective Agreement 2013-2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now govern the terms and conditions of employment for the employees of Best Fab Pty Ltd for the specified period. The FWC's decision provided certainty for both the employer and the employees and ensured that the agreement complied with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established