DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fast Track Welding Pty Ltd
(AG2015/2616)

FAST TRACK WELDING PTY LTD NATIONAL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Fast Track Welding Pty Ltd National Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fast Track Welding Pty Ltd National 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 Fast Track Welding Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Fast Track Welding Pty Ltd applied for the approval of the Fast Track Welding Pty Ltd National Enterprise Agreement 2015. The dispute involved the terms of the proposed enterprise agreement, which aimed to regulate employment conditions for the company's employees. The Commission was tasked with determining whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay, entitlements, and other conditions for employees, and whether it complied with the procedural requirements of the Act. The Commission also needed to consider whether the agreement was made in good faith and whether it was likely to promote harmonious, productive, and economic relationships between the parties.

The Commission carefully reviewed the proposed agreement and found that it met the necessary standards and criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and entitlements, and it complied with the procedural requirements of the Act. The Commission was satisfied that the agreement was made in good faith and that it was likely to promote harmonious, productive, and economic relationships between the parties. Accordingly, the Commission approved the Fast Track Welding Pty Ltd National Enterprise Agreement 2015.

The Commission's decision provides clarity and guidance for employers and employees in the industry, ensuring that the terms of employment are fair and reasonable and that the agreement promotes positive workplace relations. The approval of the agreement will provide a framework for the parties to work together and achieve their shared goals, while also protecting the rights and interests of employees.

Fast Track Welding 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