DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Everclad Group Pty Ltd
(AG2018/5009)

EVERCLAD GROUP PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 12 DECEMBER 2018

Application for approval of the Everclad Group Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Everclad Group Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Everclad Group 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 19 December 2018. The nominal expiry date of the Agreement is 11 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Everclad Group Pty Ltd, the applicant, the Fair Work Commission was called upon to approve an enterprise agreement between the company and its employees. The applicant, a building materials supplier, sought approval for the Everclad Group Pty Ltd Enterprise Agreement 2018 - 2022. The dispute centred on the fairness and appropriateness of the terms of the agreement, particularly those relating to wages, hours of work, and other conditions of employment.

The legal issues before the commission included whether the agreement provided for the employees' wages and conditions in a manner that was fair and reasonable, and whether it complied with the statutory requirements of the Fair Work Act 2009. The commission had to assess if the agreement was consistent with the principles of the national workplace relations system and if it met the procedural fairness requirements.

In delivering its decision, the commission noted that the agreement was the result of a genuine bargaining process between the parties. The commission found that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the economic circumstances of the applicant and the employees. The commission also concluded that the agreement met the statutory requirements of the Fair Work Act and complied with the principles of the national workplace relations system. As such, the commission approved the agreement, finding that it was in the interests of both the applicant and the employees.

The final orders of the commission were that the Everclad Group Pty Ltd Enterprise Agreement 2018 - 2022 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period, unless terminated earlier in accordance with the agreement or the law.

Everclad Group 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