DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highlight Investments Pty Ltd ATF Highlight Investments Trust T/A Ceiling and Wall Contractors
(AG2016/6413)

CEILING AND WALL CONTRACTORS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Ceiling and Wall Contractors Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ceiling and Wall Contractors 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 Highlight Investments Pty Ltd ATF Highlight Investment Trust T/As Ceiling and Wall Contractors. 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Highlight Investments Pty Ltd ATF Highlight Investments Trust, trading as Ceiling and Wall Contractors, applied for approval of the Ceiling and Wall Contractors Enterprise Agreement 2016. The Fair Work Commission was tasked with considering the application and any objections raised. The application was contested by a number of objectors, including a union and individual employees.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining if the agreement contained all the mandatory terms prescribed by the Act, was free from any unfair content, and had been genuinely agreed upon by the parties. The Commission needed to determine if the agreement complied with procedural fairness and if it provided for the proper registration of the agreement. The Court also considered whether the agreement met the objectives of the Act, including facilitating a cooperative workplace and promoting high wages and conditions.

After evaluating the submissions and evidence presented, the Commission found that the agreement substantially complied with the mandatory terms and was free from unfair content. The Commission noted that while there were minor procedural irregularities in the agreement process, these did not significantly affect the fairness of the agreement. The evidence indicated that the agreement had been genuinely negotiated and agreed upon by the parties. The Commission concluded that the agreement was in the best interests of the employees and promoted cooperative workplace relations. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission ordered that the Ceiling and Wall Contractors Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. This registration ensures that the agreement is legally binding and enforceable under the Fair Work Act.

Highlight Investments Pty Ltd ATF Highlight Investments Trust T/A Ceiling and Wall Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established