DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highlight Investments Pty Ltd ATF the Highlight Investments Trust T/A Ceiling and Wall Contractors
(AG2020/2526)

HIGHLIGHT INVESTMENTS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 SEPTEMBER 2020

Application for approval of the Highlight Investments Pty Ltd Enterprise Agreement 2020.

[1] Highlight Investments Pty Ltd ATF the Highlight Investments Trust T/A Ceiling and Wall Contractors has made an application for the approval of an enterprise agreement known as the Highlight Investments Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 22 September 2020 and, in accordance with s 54, will operate from 29 September 2020. The nominal expiry date of the Agreement is 22 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were Highlight Investments Pty Ltd, trading as Ceiling and Wall Contractors, and its employees. The dispute was brought before the Fair Work Commission, which is Australia's workplace relations tribunal. The primary focus of the case was the application for approval of the Highlight Investments Pty Ltd Enterprise Agreement 2020. The application was made by Highlight Investments Pty Ltd, and it sought the Commission's approval of the proposed enterprise agreement.

The legal issues the court was required to decide centred on whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. This included considerations such as whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions of employment. Additionally, the Commission needed to assess whether the agreement provided for proper procedures for its variation or termination.

The court found that the proposed agreement did meet the statutory requirements and was made in good faith. The agreement contained all the necessary minimum terms and conditions, and it included appropriate procedures for its variation or termination. The court was satisfied that the agreement was fair and reasonable and did not disadvantage any party. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the requirements of the Fair Work Act 2009.

Highlight Investments Pty Ltd ATF the 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