Fiveside Pty Ltd T/A Allstone Restorations

[2013] FWCA 8389

FAIR WORK COMMISSION

DECISION

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

Fiveside Pty Ltd T/A Allstone Restorations
(AG2013/10988)

FIVESIDE PTY LTD T/A ALLSTONE RESTORATIONS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Fiveside Pty Ltd T/A Allstone Restorations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fiveside Pty Ltd T/A Allstone Restorations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fiveside Pty Ltd T/A Allstone Restorations. 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, will operate from 1 November 2013. The nominal expiry date of the Agreement is 25 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fiveside Pty Ltd T/A Allstone Restorations sought approval of an enterprise agreement made under section 173 of the Fair Work Act 2009. The agreement in question was the Fiveside Pty Ltd T/A Allstone Restorations Enterprise Agreement 2013. The applicant submitted the agreement for approval as a low-paid, low-paid stream enterprise agreement. The submission was made under section 229 of the Act. The applicant claimed that the agreement was made in accordance with the requirements of the Act.

The primary issue before the commission was whether the agreement met the necessary criteria for approval as a low-paid, low-paid stream enterprise agreement. This included whether the agreement had been made in good faith and whether it contained the minimum terms and conditions of employment as required by the Act. The applicant had to demonstrate that the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the commission had to consider whether the agreement complied with the procedural requirements for making a low-paid, low-paid stream enterprise agreement.

The commission found that the agreement had been made in good faith and contained the minimum terms and conditions of employment. The commission considered that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace. The applicant had provided evidence that the agreement had been negotiated with the relevant employee representatives. The commission also found that the agreement complied with the procedural requirements for making a low-paid, low-paid stream enterprise agreement. The commission approved the agreement as a low-paid, low-paid stream enterprise agreement.

The commission's decision was that the Fiveside Pty Ltd T/A Allstone Restorations Enterprise Agreement 2013 met the necessary criteria for approval as a low-paid, low-paid stream enterprise agreement. The agreement was approved as a low-paid, low-paid stream enterprise agreement. The commission's decision was made on the basis of the evidence provided by the applicant and the provisions of the Fair Work Act 2009. The applicant's application for approval of the agreement was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established