DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Demolition Services Pty Ltd
(AG2015/4287)

INDUSTRIAL DEMOLITION SERVICES PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 AUGUST 2015

Application for approval of the Industrial Demolition Services Pty Ltd New South Wales Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Demolition Services Pty Ltd New South Wales 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 Industrial Demolition Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 21 August 2015 and, in accordance with s.54, will operate from 28 August 2015. The nominal expiry date of the Agreement is 28 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Industrial Demolition Services Pty Ltd applied to the Fair Work Commission for approval of the Industrial Demolition Services Pty Ltd New South Wales Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The applicant was represented by Ms. D. C. Thompson, and no other party appeared before the Commission. The application was contested by the Australian Workers’ Union, who was represented by Mr. S. A. A. Al-Awadi.

The legal issues before the Commission were whether the application complied with the requirements of the Fair Work Act and if the agreement was in the best interests of the employees. The Commission considered the provisions of the agreement, the process by which it was made, and the evidence provided by the parties. The Commission found that the agreement met the requirements of the Act and was in the best interests of the employees.

The Fair Work Commission approved the application and registered the agreement as a New South Wales enterprise agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that the process by which the agreement was made was compliant with the Act. The Commission also noted that the agreement provided for a dispute resolution process that was fair and effective.

The Commission made an order approving the application and registering the agreement as a New South Wales enterprise agreement. The order also provided for the agreement to be published on the Fair Work Commission’s website and for the agreement to be available for inspection by the public. The order further provided for the agreement to be binding on the parties and their employees.

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