DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chadoak Building and Maintenance Pty Ltd
(AG2014/10129)

CHADOAK BUILDING AND MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 20 JANUARY 2015

Application for approval of the Chadoak Building and Maintenance Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Chadoak Building and Maintenance 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 Chadoak Building and Maintenance Pty Ltd (the Applicant).

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2015. The nominal expiry date of the Agreement is 25 November 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chadoak Building and Maintenance Pty Ltd applied to the Fair Work Commission for approval of their 2014 Enterprise Agreement. The dispute arose between the company and its employees, particularly focusing on the terms and conditions outlined in the proposed agreement. The Fair Work Commission was the body responsible for considering and approving the agreement.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was fairly negotiated, and if it met the statutory minimum standards for employees. The Commission also considered the impact of the agreement on employees' rights and protections under the Act.

In delivering its decision, the Commission assessed the evidence presented by both parties, focusing on the negotiation process and the contents of the agreement. The Commission determined that the agreement had been made in good faith and was fairly negotiated. It also found that the agreement met the statutory minimum standards and did not adversely affect employees' rights. Consequently, the Commission approved the proposed Enterprise Agreement, confirming its compliance with the relevant legislative framework.

The Fair Work Commission approved the Chadoak Building and Maintenance Pty Ltd Enterprise Agreement 2014, finding it to be compliant with the requirements of the Fair Work Act 2009. This decision ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the employees of the company.

Chadoak Building and Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established