DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decotec Pty Ltd T/A Decotec
(AG2018/826)

DECOTEC PTY LTD ENTERPRISE AGREEMENT 2018-21

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2018

Application for approval of the Decotec Pty Ltd Enterprise Agreement 2018-21.

[1] An application has been made for approval of an enterprise agreement known as the Decotec Pty Ltd Enterprise Agreement 2018-21 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decotec Pty Ltd T/A Decotec. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Decotec Pty Ltd, trading as Decotec, applied to the Fair Work Commission for approval of an Enterprise Agreement 2018-21. The dispute involved whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court responsible for adjudicating on this application.

The legal issues the court needed to determine were whether the agreement complied with the procedural requirements, including whether it had been made in accordance with the provisions of the Fair Work Act, and whether it contained all the mandatory terms and conditions as prescribed by the Act. Additionally, the court had to consider whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially under the agreement compared to their previous conditions.

In reaching its decision, the Fair Work Commission assessed the agreement against the statutory criteria. The court found that the agreement had been made following the correct procedures and contained all mandatory terms. Furthermore, the commission determined that the agreement passed the 'better off overall test', as it provided for a fair and reasonable balance of benefits and detriments for the employees. Consequently, the court approved the Enterprise Agreement 2018-21, finding it to be compliant with all legal requirements.

The final orders of the court were that the Enterprise Agreement 2018-21 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the commission's decision and would govern the employment conditions of the employees covered by the agreement for the specified period.

Decotec Pty Ltd T/A Decotec

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established