Expoconti Pty Ltd

[2014] FWCA 6451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Expoconti Pty Ltd
(AG2014/8810)

EXPOCONTI PTY LTD (SA) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 SEPTEMBER 2014

Application for approval of the Expoconti Pty Ltd (SA) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Expoconti Pty Ltd (SA) 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 Expoconti Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Expoconti Pty Ltd sought approval for the Expoconti Pty Ltd (SA) Enterprise Agreement 2014. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the applicable industrial laws and standards. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement had been made in accordance with the procedural fairness requirements, and if it contained provisions that were contrary to public policy or contrary to the principles of the safety net. Furthermore, the Commission needed to consider if the agreement provided adequate protections for employees and if it complied with the minimum terms and conditions set out by the Fair Work Act.

The Fair Work Commission found that the agreement had been made in good faith and without any procedural unfairness. It concluded that the provisions of the agreement did not contravene public policy or the safety net principles. The Commission was satisfied that the agreement provided adequate protections for employees, and it met the minimum terms and conditions required by the Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the Expoconti Pty Ltd (SA) Enterprise Agreement 2014, effective from the date of the decision. This decision confirmed the agreement as a legally binding document between the employer and the employees, ensuring that it would govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established