DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green Star Ceilings Pty Ltd
(AG2016/3795)

GREEN STAR CEILINGS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 AUGUST 2016

Application for approval of the Green Star Ceilings Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Green Star Ceilings Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green Star Ceilings Pty Ltd. 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 was approved on 16 August 2016 and, in accordance with s.54, will operate from 23 August 2016. The nominal expiry date of the Agreement is 16 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Green Star Ceilings Pty Ltd applied to the Fair Work Commission for approval of the Green Star Ceilings Pty Ltd Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Court was tasked with examining the agreement's compliance with the relevant legislative framework and ensuring that it provided fair and reasonable terms for the employees.

The primary legal issue before the Court was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act 2009 and if it was procedurally sound. The Court considered whether the agreement provided for minimum wages and conditions, and if it had been subject to a genuine bargaining process as mandated by the Act. Additionally, the Court assessed if the agreement met the requirements for public interest considerations and fairness.

The Fair Work Commission found that the enterprise agreement was procedurally valid and contained all the mandatory terms required by the Fair Work Act 2009. The agreement was determined to provide for minimum wages and conditions, and the bargaining process was deemed genuine. The Court approved the agreement, considering it fair and reasonable for the employees involved. The decision confirmed the agreement's compliance with the legislative requirements, thereby allowing it to proceed to registration.

The Fair Work Commission approved the Green Star Ceilings Pty Ltd Enterprise Agreement 2016, allowing it to be registered and enforced. The Court's decision confirmed the agreement's compliance with the Fair Work Act 2009, ensuring that it provided fair and reasonable terms for the employees. The final orders were made in favour of Green Star Ceilings Pty Ltd, permitting the agreement to be registered and implemented.

Green Star Ceilings 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