DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Image Linemarking Pty Ltd
(AG2015/123)

IMAGE LINEMARKING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the Image Linemarking Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Image Linemarking Pty Ltd Enterprise Agreement 2015 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2015. The nominal expiry date of the Agreement is 16 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between Image Linemarking Pty Ltd and its employees represented by the Transport and Distribution Employees' Union of Australia. The parties were seeking approval of an enterprise agreement under the Fair Work Act 2009. The dispute was brought before the Fair Work Commission, a tribunal responsible for resolving workplace disputes in Australia. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly sections concerning the process for making such agreements and the need for fair and genuine bargaining.

The Commission examined the process through which the agreement was negotiated and whether there was genuine bargaining between the parties. The employer argued that the agreement was the result of a genuine attempt to negotiate in good faith. The union, on the other hand, contended that the process was flawed and did not meet the statutory requirements for genuine bargaining. The Commission had to determine if the employer's conduct during the bargaining process met the standards set by the Act. This included assessing whether there was adequate consultation and whether the employer made a genuine effort to reach an agreement.

After reviewing the evidence and submissions from both parties, the Commission concluded that the employer had engaged in genuine bargaining. The process was deemed to be fair and in compliance with the Act. The Commission found that the employer had made a genuine attempt to negotiate and had provided the union with sufficient information to facilitate meaningful discussions. Consequently, the Commission approved the Image Linemarking Pty Ltd Enterprise Agreement 2015, finding that it met the legal standards for approval under the Fair Work Act.

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