DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inline Facades Pty Ltd
(AG2016/7495)

INLINE FACADES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 JANUARY 2017

Application for approval of the Inline Facades Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Inline Facades Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inline Facades 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, 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 18 January 2017 and, in accordance with s.54, will operate from 25 January 2017. The nominal expiry date of the Agreement is 18 January 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The parties to the proceedings were Inline Facades Pty Ltd and the Australian Manufacturing Workers' Union. The dispute before the Fair Work Commission was regarding the approval of the Inline Facades Pty Ltd Enterprise Agreement 2016-2020. The application for approval was lodged by the employer, Inline Facades Pty Ltd, and opposed by the union, which represented the employees. The primary issues before the court were whether the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it was procedurally fair.

The court examined the evidence presented by both parties, including the negotiation process and the content of the agreement. The union argued that the agreement did not fairly represent the employees' interests and that there were procedural flaws in the negotiation process. The employer, on the other hand, asserted that the agreement was made in good faith and contained all the necessary minimum terms and conditions. After considering the evidence and submissions, the court found that the agreement was procedurally fair and did not contain any procedural flaws. The court also found that the agreement contained all the required minimum terms and conditions and was made in good faith.

Based on these findings, the court approved the Inline Facades Pty Ltd Enterprise Agreement 2016-2020. The union's opposition to the approval of the agreement was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009. This decision provides clarity on the approval process for enterprise agreements and reinforces the importance of good faith negotiations and procedural fairness in the workplace.

Inline Facades 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