DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Mower & Saw Service
(AG2018/7050)

IPSWICH MOWER AND SAW SERVICE PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for approval of the Ipswich Mower and Saw Service Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ipswich Mower and Saw Service Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ipswich Mower & Saw Service. The agreement is a single enterprise agreement.

[2] The Employer 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 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ipswich Mower and Saw Service Pty Ltd sought approval of its 2019 Single Enterprise Agreement. The applicant, a small business, argued that the proposed agreement was fair and reasonable for the employees. The applicant contended that the agreement was necessary to ensure the business's continued viability and competitiveness in a challenging market. The dispute was referred to the Commission under section 182 of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the criteria for approval under the Act and whether it was fair and reasonable for the employees.

The Commission considered whether the agreement complied with the procedural and substantive requirements of the Act. The Commission examined the negotiation process, the content of the agreement, and its impact on the employees. The Commission also assessed whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was procedurally sound and met the substantive requirements for approval. The agreement provided for fair and reasonable terms and conditions for the employees and was necessary for the business's continued viability and competitiveness.

The Commission approved the Ipswich Mower and Saw Service Pty Ltd Single Enterprise Agreement 2019, finding it to be fair and reasonable for the employees and in the best interests of the business. The agreement was approved with effect from 1 April 2019 and will remain in force until 31 March 2023. The Commission noted that the agreement provided for a fair and reasonable pay and conditions package for the employees, including a 10% pay increase over three years, and provided for a dispute resolution mechanism that was fair and accessible for both parties. The Commission also noted that the agreement was necessary for the business's continued viability and competitiveness in a challenging market. The Commission's decision provides clarity for the parties and ensures that the agreement is fair and reasonable for the employees.

Ipswich Mower & Saw Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established