DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dale Little Plastering Pty Ltd
(AG2015/5274)

DALE LITTLE PLASTERING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Dale Little Plastering Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dale Little Plastering Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dale Little Plastering 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Dale Little Plastering Pty Ltd Enterprise Agreement 2015. The applicant was Dale Little Plastering Pty Ltd, and the respondents were the Australian Manufacturing Workers' Union and the Australian Services Union. The dispute involved the terms and conditions of employment for workers within the plastering industry. The central issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission considered whether the agreement met the requirements for "better off overall" and "no disadvantage" tests. It examined the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement provided for a fair and reasonable outcome for both employers and employees, taking into account the needs of the industry and the bargaining power of the parties. The Commission found that the agreement met the statutory requirements and approved the enterprise agreement, noting its balanced approach and the parties' demonstrated commitment to good faith bargaining.

Following the Commission's approval, the Dale Little Plastering Pty Ltd Enterprise Agreement 2015 was to be registered and would apply to the employees of Dale Little Plastering Pty Ltd and other relevant employers covered by the agreement. The approved agreement would provide a framework for the terms and conditions of employment for the relevant workers in the plastering industry, ensuring fair and reasonable outcomes for both employers and employees.

Dale Little Plastering 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