DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danica Carpentry Pty Ltd
(AG2015/3896)

DANICA CARPENTRY PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY 2015

Application for approval of the Danica Carpentry Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Danica Carpentry 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 Danica Carpentry Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 July 2015 and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date of the Agreement is 16 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Danica Carpentry Pty Ltd, sought approval of the Danica Carpentry Pty Ltd Enterprise Agreement 2015 under the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, arguing that the agreement did not meet the requirements for approval.

The main legal issue before the court was whether the agreement satisfied the criteria for approval under section 234 of the Fair Work Act. The union argued that the agreement did not meet the requirement that it provide for a fair and reasonable system of classification of employees and that it did not provide for a fair and reasonable system of remuneration and other terms and conditions of employment. The union also argued that the agreement did not meet the requirement that it provide for a fair and reasonable system of dispute resolution.

The Full Bench of the Fair Work Commission found that the agreement did meet the requirements for approval. The court found that the agreement provided for a fair and reasonable system of classification of employees, remuneration, and other terms and conditions of employment. The court also found that the agreement provided for a fair and reasonable system of dispute resolution. The court approved the Danica Carpentry Pty Ltd Enterprise Agreement 2015.

Danica Carpentry 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