Credible Building Technologies Pty Ltd

[2014] FWCA 2524

FAIR WORK COMMISSION

DECISION

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

Credible Building Technologies Pty Ltd
(AG2014/5177)

CREDIBLE BUILDING TECHNOLOGIES PTY LTD SPRINKLER TRADES ENTERPRISE AGREEMENT 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 APRIL 2014

Application for approval of the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 April 2014. The nominal expiry date of the Agreement is 22 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Credible Building Technologies Pty Ltd, a company involved in the sprinkler trades, sought approval of the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014. The dispute centred on whether the agreement, which was proposed to be registered by the company, complied with the necessary requirements under the Fair Work Act 2009. The Commission was tasked with assessing the agreement's compliance with the legislative framework, including its conformity with the provisions of the Act and the principles of good faith bargaining.

The primary legal issues before the Commission involved determining whether the agreement was genuinely negotiated between the parties, if it contained the necessary minimum terms and conditions, and if it complied with the procedural requirements outlined in the Fair Work Act. The company argued that the agreement was the product of genuine negotiations and contained all the necessary minimum terms. The Commission had to carefully review the evidence and submissions to ascertain the validity of these claims and ensure that the agreement met all legal standards.

Upon examining the submissions and evidence, the Commission found that the agreement was indeed the product of genuine negotiations and contained the required minimum terms. The Commission also determined that the agreement complied with all procedural requirements under the Act. Consequently, the Commission approved the registration of the Credible Building Technologies Pty Ltd Sprinkler Trades Enterprise Agreement 2014, confirming its validity and compliance with the law.

The Commission issued orders approving the registration of the agreement, thereby validating its terms and conditions for enforcement. This decision affirmed the agreement's legitimacy and provided certainty for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established