DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Height Safety Pty Ltd
(AG2016/5899)

EASTERN HEIGHT SAFETY PTY LTD ENTERPRISE AGREEMENT 2016-2020

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Eastern Height Safety Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Height Safety 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 Heights Safety Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 13 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

Eastern Height Safety Pty Ltd applied to the Fair Work Commission for the approval of the Eastern Height Safety Pty Ltd Enterprise Agreement 2016-2020. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute revolved around the classification of certain employees and the terms of their employment as outlined in the agreement.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the 'better off overall test'. The union argued that certain provisions of the agreement were unfair and did not adequately protect employees.

The Fair Work Commission found that the proposed agreement did not meet the statutory requirements. The Commission noted that the classification of employees and the associated terms and conditions were not fair and reasonable. Furthermore, the Commission determined that the agreement did not satisfy the 'better off overall test', as some employees would be worse off under the new agreement. Consequently, the application for approval was dismissed.

Eastern Height Safety 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