Intact Projects Pty Ltd

[2014] FWCA 5153

FAIR WORK COMMISSION

DECISION

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

Intact Projects Pty Ltd
(AG2014/1546)

INTACT PROJECTS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 31 JULY 2014

Application for approval of the Intact Projects Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Intact Projects Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intact Projects Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is four (4) years.

COMMISSIONER

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CaseChat Overview and Summary

Intact Projects Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which had been made by the parties but was yet to be approved. The application was made in accordance with the Fair Work Act 2009. The applicants, Intact Projects Pty Ltd and their employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, were seeking the court's approval of an enterprise agreement, which was to govern the employment conditions of the employees for a four-year period.

The legal issues that arose in the case were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for a fair and reasonable rate of pay and conditions, and whether the agreement had been genuinely negotiated between the parties. The court had to consider whether the agreement met the requirements of the Act and whether it was consistent with the principles of the Fair Work system.

The Fair Work Commission found that the enterprise agreement complied with the relevant provisions of the Fair Work Act. The court held that the agreement provided for a fair and reasonable rate of pay and conditions and that it had been genuinely negotiated between the parties. The Commission was satisfied that the agreement met the requirements of the Act and was consistent with the principles of the Fair Work system. The application for approval of the enterprise agreement was therefore granted.

The Fair Work Commission approved the enterprise agreement, which was to govern the employment conditions of the employees for a period of four years. The court's decision confirmed the validity of the agreement and provided certainty to both the applicants and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established