Classic Maintenance Services Pty Ltd

[2013] FWCA 6173

FAIR WORK COMMISSION

DECISION

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

Classic Maintenance Services Pty Ltd
(AG2013/2086)

CLASSIC MAINTENANCE SERVICES PTY LTD ENTERPRISE AGREMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2013

Application for approval of the Classic Maintenance Services Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Classic Maintenance Services Pty Ltd Enterprise 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 Classic Maintenance Services Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years from approval.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Classic Maintenance Services Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement, which would apply to employees from 1 July 2013 to 30 June 2016. The application was contested by the Australian Manufacturing Workers Union, which represented a group of employees. The primary legal issues the Commission had to resolve were whether the agreement had been made genuinely in the interests of the employees and whether it complied with the relevant legislative requirements for enterprise agreements. The Commission examined the process by which the agreement was made, the terms of the agreement itself, and whether it met the criteria set out in the Fair Work Act 2009. The Commission found that the agreement had been made genuinely for the purposes of the Act and was in compliance with the legislative requirements. The applicant had demonstrated that it had made a genuine attempt to negotiate with the union, and the terms of the agreement were fair and reasonable. The Commission approved the application and issued the necessary orders to bring the agreement into effect. The final orders confirmed the approval of the agreement and directed the parties to take all necessary steps to implement it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established