DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fallstop Pty Ltd
(AG2015/3336)

FALLSTOP PTY LTD ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 SEPTEMBER 2015

Application for approval of the Fallstop Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fallstop Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Fallstop Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 September 2015. The nominal expiry date of the Agreement is 17 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Fallstop Pty Ltd, the applicant sought approval of an enterprise agreement from the Fair Work Commission. Fallstop Pty Ltd, a construction company, proposed the agreement to regulate the terms and conditions of employment for its employees. The dispute centred around whether the agreement met the necessary legal standards and criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the prescribed minimum terms and conditions, and whether it had been properly negotiated. Additionally, the court had to consider if the agreement met the "better-off-overall test" for employees covered by the agreement.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission also concluded that the agreement was properly negotiated and met the better-off-overall test for the employees. Consequently, the Commission approved the Fallstop Pty Ltd Enterprise Agreement 2015-2018. The decision underscored the importance of ensuring that enterprise agreements not only meet statutory requirements but also promote fair and effective workplace relations.

Fallstop 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