DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hickory Building Systems Pty Ltd
(AG2017/838)

HICKORY BUILDING SYSTEMS PTY LTD OFFSITE MODULAR AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2017

Application for approval of the Hickory Building Systems Pty Ltd Offsite Modular Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hickory Building Systems Pty Ltd Offsite Modular Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hickory Building Systems 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 is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an arbitration agreement between Hickory Building Systems Pty Ltd and another party. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The dispute centres on the terms of the agreement and whether they should be approved as binding.

The primary legal issue before the tribunal was whether the arbitration agreement met the statutory requirements for approval under the Building and Construction Industry Payments Act 2004. Specifically, the tribunal had to determine whether the agreement was fair and reasonable and whether it complied with the provisions of the Act. The court had to consider whether the agreement provided adequate protections for the parties and whether it was in line with the overarching legislative objectives.

The tribunal found that the arbitration agreement was fair and reasonable and complied with the statutory requirements. The tribunal noted that the agreement provided for a binding arbitration process that was transparent and efficient, and that it contained provisions for the protection of both parties. The tribunal also found that the agreement was in line with the legislative objectives of promoting timely and fair payment practices in the building and construction industry. As a result, the tribunal approved the arbitration agreement, finding that it met the necessary criteria for approval.

The tribunal made an order approving the arbitration agreement between Hickory Building Systems Pty Ltd and the other party. The order was made under the Building and Construction Industry Payments Act 2004, and it is binding on both parties. The approval of the agreement means that any disputes arising out of or in connection with the agreement will be resolved through binding arbitration, as provided for in the agreement. The decision provides clarity and certainty for both parties, and it promotes timely and fair payment practices in the building and construction industry.

Hickory Building Systems 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