DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Envar Installation Pty. Ltd.
(AG2015/52)

ENVAR INSTALLATION ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 22 JANUARY 2015

Application for approval of the Envar Installation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Envar Installation Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Envar Installation 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 28 January 2015. The nominal expiry date of the Agreement is 20 January 2019

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Envar Installation Pty Ltd applied for the approval of the Envar Installation Enterprise Agreement 2014. The application was made under section 177 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the criteria for approval as a certified agreement under the Act.

The primary legal issue before the FWC was whether the Envar Installation Enterprise Agreement 2014 was a simple, clear, and concise document that appropriately balanced the interests of the employers and employees. The FWC considered whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009, and whether the agreement met the requirements for being a registered agreement under section 176 of the Act. The FWC also needed to consider whether the agreement was fair and reasonable in all its terms.

The FWC found that the Envar Installation Enterprise Agreement 2014 was a simple, clear, and concise document that appropriately balanced the interests of the employers and employees. The FWC noted that the agreement contained all the required terms and conditions of employment, and that the parties had made a genuine attempt to reach an agreement. The FWC also found that the agreement met the requirements for being a registered agreement under section 176 of the Fair Work Act. The FWC concluded that the agreement was fair and reasonable in all its terms, and approved the agreement as a certified agreement under the Act.

The FWC approved the Envar Installation Enterprise Agreement 2014 as a certified agreement under section 177 of the Fair Work Act 2009. The agreement was registered on the date of the FWC's decision and became effective from that date. The FWC's approval of the agreement means that it will apply to all employees covered by the agreement, and that it will have the same legal effect as if it had been made by the parties directly.

Envar Installation 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