DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highlight Investments Pty Ltd ATF the Highlight Investments Trust T/A Ceiling and Wall Contractors
(AG2016/2861)

CEILING AND WALL CONTRACTORS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 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 as Trustee for Highlight Investments Trust T/A 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2016. The nominal expiry date of the Agreement is 11 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Highlight Investments Pty Ltd, trading as Ceiling and Wall Contractors, applied to the Fair Work Commission for the approval of the Ceiling and Wall Contractors Enterprise Agreement 2016. The application arose in the context of the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission to be legally binding. The nature of the dispute involved the procedural compliance of the agreement and its substantive fairness concerning the employees it covered.

The primary legal issues before the Commission were whether the application complied with the procedural requirements set out in the Act, and whether the agreement itself was fair and reasonable. The procedural concerns centred on the method of employee consultation and the manner in which the agreement was finalised. Substantively, the Commission needed to assess whether the terms of the agreement provided for fair remuneration and conditions of employment, including provisions on hours of work, leave, and other employment standards.

In addressing these issues, the Commission examined the evidence provided by Highlight Investments and the submissions made by the relevant unions. It found that the procedural steps were adequately followed, with sufficient evidence of genuine consultation with employees. Regarding the substantive fairness, the Commission considered the economic context, the industry standards, and the specific terms of the agreement. Ultimately, it determined that the agreement was fair and reasonable, taking into account the overall benefits for the employees and the necessity for the employer to maintain business viability.

The Commission approved the Ceiling and Wall Contractors Enterprise Agreement 2016, thereby legally binding the agreement upon the parties involved. This decision provided certainty for the employees and the employer, establishing the terms of employment under the approved agreement.

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