Holmes Nominees (Aust) Pty Ltd

[2013] FWCA 2883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holmes Nominees (Aust) Pty Ltd
(AG2013/6297)

HOLMES NOMINEES (AUST) PTY LTD COLLECTIVE AGREEMENT 2012-2015

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 9 MAY 2013

Application for approval of the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2012-2015 .

[1] An application has been made for approval of an enterprise agreement known as the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Holmes Nominees (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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(1), will operate from 16 May 2013.The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Holmes Nominees (Aust) Pty Ltd applied for approval of the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2012-2015. The applicant is a company that provides services to the insurance industry, and the dispute centres on whether the terms of the proposed agreement meet the requirements of the Fair Work Act 2009. The decision was made by the Fair Work Commission.

The central legal issue before the Commission was whether the terms of the agreement provided by Holmes Nominees (Aust) Pty Ltd met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, was free from coercion, and contained terms that were fair and reasonable. The Commission also needed to ensure that the agreement complied with the process requirements set out in the Act.

In making its decision, the Commission considered the submissions and evidence provided by the parties. The Commission found that the agreement was made in good faith and was free from coercion. The Commission also found that the terms of the agreement were fair and reasonable, and complied with the process requirements set out in the Act. The Commission noted that the agreement provided for a number of benefits for employees, including increased pay rates and improved working conditions. The Commission also noted that the agreement provided for a dispute resolution process that was fair and accessible to both parties.

As a result of its findings, the Commission approved the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2012-2015. The Commission made an order approving the agreement, and the order is now binding on the parties. The agreement will now come into effect on the date specified in the order, and will remain in force until it is replaced by a new agreement or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established