DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Image Linemarking Pty Ltd
(AG2019/1802)

IMAGE LINEMARKING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Image Linemarking Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Image Linemarking Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Image Linemarking Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Image Linemarking Pty Ltd sought approval for their 2019 Enterprise Agreement, leading to a dispute that was adjudicated in the Fair Work Commission. The agreement was contested by the Australian Manufacturing Workers' Union, which represented certain employees of Image Linemarking. The primary issue before the court was whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and if it appropriately addressed the needs of the employees.

The legal issues revolved around the fairness and validity of the enterprise agreement, including its compliance with the Fair Work Act's requirements for employee representation and the procedural fairness in its negotiation. The court examined if the agreement was made in good faith and if it included necessary provisions such as minimum wages, classification of employees, and dispute resolution mechanisms. The union argued that certain terms of the agreement were disadvantageous to the employees and did not adequately represent their interests.

The Fair Work Commission found that the agreement was largely in compliance with the statutory requirements. It held that the negotiation process was conducted in good faith and that the agreement contained the necessary provisions to meet the standards set by the Fair Work Act. The Commission determined that the agreement was fair and appropriate, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. Consequently, the court approved the enterprise agreement, finding it to be fair and valid. The final orders confirmed the approval of the agreement and mandated its implementation by the parties involved.

Image Linemarking Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established