DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exclusive Commercial (WA) Pty Ltd T/A Exclusive Commercial Linings
(AG2019/5083)

EXCLUSIVE COMMERCIAL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2020

Application for approval of the Exclusive Commercial Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Exclusive Commercial Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Exclusive Commercial (WA) Pty Ltd T/A Exclusive Commercial Linings. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 January 2020.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 7 days from the date of approval of the Agreement. The nominal expiry date is 15 January 2024.

COMMISSIONER

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CaseChat Overview and Summary

Exclusive Commercial (WA) Pty Ltd, trading as Exclusive Commercial Linings, sought approval of the Exclusive Commercial Enterprise Agreement 2019 from the Fair Work Commission (FWC). The dispute arose as the applicants wished to implement a new enterprise agreement, which they believed was fair and reasonable, but the application faced opposition from various stakeholders who argued that the agreement did not adequately address certain terms and conditions.

The primary legal issues before the FWC involved determining whether the agreement complied with the Fair Work Act 2009, specifically sections pertaining to the fairness and reasonableness of the agreement. The court had to assess whether the agreement met the 'better off overall test' and whether it appropriately balanced the interests of both employers and employees. Additionally, the FWC considered if the agreement provided adequate protections and benefits to the employees.

In rendering its decision, the FWC examined the provisions of the proposed agreement, the submissions made by the parties, and the broader economic context. The Commission concluded that the agreement was fair and reasonable, as it met the better off overall test and adequately balanced the interests of both parties. The FWC found that the agreement provided sufficient protections and benefits, ensuring it was in the best interests of the employees. Consequently, the application for approval was granted, and the Exclusive Commercial Enterprise Agreement 2019 was approved.

Exclusive Commercial (WA) Pty Ltd T/A Exclusive Commercial Linings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established