DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Cladding Pty Ltd; Eastern Building Pty Ltd
(AG2016/7670)

EASTERN CLADDING PTY LTD AND EASTERN BUILDING PTY LTD ENTERPRISE AGREEMENT 2016 -2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 FEBRUARY 2017

Application for approval of the Eastern Cladding Pty Ltd and Eastern Building Pty Ltd Enterprise Agreement 2016 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Cladding Pty Ltd and Eastern Building Pty Ltd Enterprise Agreement 2016 -2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Cladding Pty Ltd T/As Eastern Cladding and Eastern Building. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2017. The nominal expiry date of the Agreement is 8 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Eastern Cladding Pty Ltd and Eastern Building Pty Ltd, sought approval of their Enterprise Agreement 2016-2020, which was a matter heard by the Fair Work Commission. The applicants argued that the proposed agreement was appropriate for the employees and met the legal requirements for approval. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about several provisions of the agreement.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the Fair Work Act 2009, and if it provided for the fair and efficient resolution of workplace issues. The CFMEU contended that the agreement did not sufficiently protect employees' rights and interests, particularly in relation to pay rates, conditions, and dispute resolution mechanisms. The applicants, on the other hand, asserted that the agreement was fair and balanced, and provided for effective and efficient workplace relations.

After considering the evidence and arguments presented by both parties, the Commission found that the Enterprise Agreement met the legal requirements for approval. The Commission was satisfied that the agreement provided for fair and efficient resolution of workplace issues and that it did not unfairly disadvantage employees. The Commission noted that the agreement provided for reasonable pay rates and conditions, and included effective dispute resolution mechanisms. Accordingly, the Commission approved the Enterprise Agreement 2016-2020, subject to certain modifications to address the CFMEU's concerns. The final orders of the Commission included the approval of the agreement, subject to the modifications, and a direction for the applicants to take all necessary steps to implement the agreement.

Eastern Cladding Pty Ltd; Eastern Building 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