DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Industrial Demolition Services Pty Ltd
(AG2016/6833)

INDUSTRIAL DEMOLITION SERVICES PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Industrial Demolition Services Pty Ltd South Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Demolition Services Pty Ltd South Australia 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 Industrial Demolition Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 28 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Demolition Services Pty Ltd (the Applicant) applied to the Fair Work Commission for the approval of the Industrial Demolition Services Pty Ltd South Australia Enterprise Agreement 2016. The Applicant sought an order approving the Agreement, which had been negotiated and agreed to by its employees represented by the Building Construction, Forestry, Maritime, Mining and Energy Union (the Union). The Union argued that the Agreement was necessary to provide fair and reasonable terms and conditions of employment for its members, while the Applicant argued that the Agreement was not in the best interests of the business.

The central legal issue before the Commission was whether the Agreement provided fair and reasonable terms and conditions of employment for the employees covered by it. The Commission considered the principles of enterprise bargaining and the relevant provisions of the Fair Work Act 2009. The Commission also considered submissions from both parties, as well as relevant industry benchmarks and comparative data.

After considering all of the evidence and submissions, the Commission found that the Agreement provided fair and reasonable terms and conditions of employment for the employees covered by it. The Agreement was approved, and the Fair Work Commission made an order approving the Agreement. The Applicant was required to give the Union written notice of the approval within five business days of the making of the order.

In summary, the Fair Work Commission approved the Industrial Demolition Services Pty Ltd South Australia Enterprise Agreement 2016, finding that it provided fair and reasonable terms and conditions of employment for the employees covered by it. The Applicant was required to provide written notice of the approval to the Union within five business days of the making of the order.

Industrial Demolition Services 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