FenceWright QLD Pty Ltd

[2014] FWCA 7361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FenceWright QLD Pty Ltd
(AG2014/7834)

FENCEWRIGHT QLD PTY LTD AUSTRALIA WIDE BASE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 OCTOBER 2014

Application for approval of the FenceWright QLD Pty Ltd Australia Wide Base Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FenceWright QLD Pty Ltd Australia Wide Base 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 FenceWright QLD Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date of the Agreement is 19 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FenceWright QLD Pty Ltd applied to the Fair Work Commission for approval of the FenceWright QLD Pty Ltd Australia Wide Base Enterprise Agreement 2014. The applicant is an employer in the fencing industry, and the dispute concerned whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the body to hear the application.

The legal issues before the Commission involved whether the agreement contained all the mandated terms and conditions, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the minimum entitlements prescribed by the Act and if it complied with the procedural requirements for enterprise agreements. The Commission also needed to consider if the agreement was fairly negotiated and if it provided for the proper operation of the enterprise.

The Commission found that the agreement contained all the required terms and conditions and met the minimum entitlements under the Act. The agreement was also found to be fairly negotiated, and it complied with the procedural requirements for enterprise agreements. The Commission was satisfied that the agreement provided for the proper operation of the enterprise and approved the FenceWright QLD Pty Ltd Australia Wide Base Enterprise Agreement 2014.

The Commission made orders approving the enterprise agreement, which came into effect on the date of the Commission’s decision. The employer was directed to take all necessary steps to bring the agreement to the attention of its employees and ensure its implementation. The agreement was registered with the Commission, and the applicant was directed to provide a copy of the approved agreement to the Registrar.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established