DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Home Modifications Lake Macquarie/Newcastle Ltd t/a Hunter Home Modifications
(AG2020/3370)

HUNTER HOME MODIFICATIONS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Hunter Home Modifications Enterprise Agreement 2020

[1] Home Modifications Lake Macquarie/Newcastle Ltd, which trades as Hunter Home Modifications, has made an application for approval of an enterprise agreement known as the Hunter Home Modifications Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Home Modifications Lake Macquarie/Newcastle Ltd, trading as Hunter Home Modifications, sought approval for the Hunter Home Modifications Enterprise Agreement 2020 under the Fair Work Act 2009. The application for approval was made pursuant to section 185 of the Act, and the court was tasked with determining whether the application met the necessary criteria as set out in sections 186, 187, and 188 of the Act. The main legal issues before the court involved verifying if the application satisfied the procedural and substantive requirements for the approval of an enterprise agreement.

The court examined the application, which included a declaration and other relevant material, to ensure compliance with the statutory requirements. It confirmed that all necessary steps were followed in good faith, and that the agreement was made in accordance with the Act. The court also considered the prescribed flexibility term under section 202(4) of the Act, which was incorporated into the agreement as per the Fair Work Regulations 2009. The court found that the application fulfilled all the criteria for approval.

Following the court's satisfaction with the application, the Hunter Home Modifications Enterprise Agreement 2020 was approved on 11 December 2020. The agreement became effective on 18 December 2020, with a nominal expiry date of 30 June 2022. This approval signifies the court's recognition of the agreement as meeting the legal standards for enterprise agreements under the Fair Work Act 2009.

Orders of the court

[1] Home Modifications Lake Macquarie/Newcastle Ltd, which trades as Hunter Home Modifications, has made an application for approval of an enterprise agreement known as the Hunter Home Modifications Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

Home Modifications Lake Macquarie/Newcastle Ltd t/a Hunter Home Modifications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established