DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exel-Seal Pty Ltd ATF the Kostal Family Trust T/A Exel-Seal Pty Ltd
(AG2016/2862)

EXEL-SEAL PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2016

Application for approval of the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exel-Seal Pty Ltd ATF the Kostal Family Trust T/A Exel-Seal 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 6 May 2016. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Exel-Seal Pty Ltd, trading as Exel-Seal Pty Ltd, which sought approval of the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016. The application was made to the Australian Industrial Relations Commission. The primary dispute centred on whether the agreement met the necessary criteria for approval under the relevant industrial relations legislation. Specifically, the applicant needed to demonstrate that the agreement had been genuinely negotiated and that it contained the mandated minimum terms and conditions.

The court was tasked with determining whether the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016 adhered to the requirements set forth in the Fair Work Act 2009. This included ensuring that the agreement had been fairly negotiated, contained no prohibited content, and satisfied the minimum standards for wages, leave, and other employment terms. The court had to assess the evidence provided by the applicant and consider any objections or submissions from interested parties.

In delivering its decision, the court examined the evidence of negotiation provided by Exel-Seal Pty Ltd, which included statements from the employer and the employees' representatives. The court found that the negotiation process was genuine and that the agreement met all the statutory requirements. The agreement was deemed to contain the necessary minimum terms and conditions and did not include any prohibited content. Consequently, the court approved the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016.

The final orders included the approval of the Exel-Seal Pty Ltd Employee Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until superseded by a new agreement or legislation.

Exel-Seal Pty Ltd ATF the Kostal Family Trust T/A Exel-Seal 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