DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exclusive Commercial (WA) Pty Ltd
(AG2015/6712)

EXCLUSIVE COMMERCIAL (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Exclusive Commercial (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Exclusive Commercial (WA) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exclusive Commercial (WA) 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 was approved on 25 November 2015 and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exclusive Commercial (WA) Pty Ltd recently had its 2015 Enterprise Agreement submitted for approval to the Fair Work Commission. The company sought to implement a number of changes to its employees' working conditions, which were opposed by the union representing the workers. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the proposed changes to the Enterprise Agreement were in the best interests of the employees. The legal issues included whether the changes were procedurally valid, if they complied with the Fair Work Act 2009, and whether they would result in a detriment to the employees. Additionally, the court had to consider whether the agreement would promote harmonious, productive, and economic workplace relations.

The court carefully examined the evidence presented by both parties and considered the relevant legal framework. It found that the changes proposed in the Enterprise Agreement were procedurally valid and complied with the Fair Work Act. The court also concluded that the changes would not result in a detriment to the employees and would, in fact, promote harmonious, productive, and economic workplace relations. Consequently, the court approved the Exclusive Commercial (WA) Pty Ltd Enterprise Agreement 2015.

The final orders of the court included the approval of the Enterprise Agreement, subject to the conditions set out in the judgment. The court also directed that the agreement be registered with the Fair Work Commission and that any disputes arising from its implementation be resolved through the appropriate dispute resolution processes.

Exclusive Commercial (WA) 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