Jaytona Pty Ltd

[2016] FWCA 557

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jaytona Pty Ltd T/A Multiplant Holdings

(AG2016/69)

MULTIPLANT HOLDINGS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 29 JANUARY 2016

Application for approval of the Multiplant Holdings Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Multiplant Holdings 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 Jaytona Pty Ltd

T/A Multiplant Holdings. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jaytona Pty Ltd, trading as Multiplant Holdings, applied for approval of the Multiplant Holdings Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Gregory at the Fair Work Commission in Melbourne on 29 January 2016. The primary legal issue before the court was whether the agreement met the requirements for approval under sections 186, 187, and 188 of the Fair Work Act, specifically in relation to the single enterprise agreement.

The Commissioner found that the agreement fulfilled all the necessary statutory requirements. The agreement was a single enterprise agreement, which was a valid form under the Fair Work Act. Additionally, the Commissioner noted that all procedural aspects of the application were properly observed, and there were no objections to the agreement. The Commissioner was satisfied that the agreement was fair and reasonable, as it balanced the interests of both the employer and the employees.

Consequently, the Commissioner approved the Multiplant Holdings Enterprise Agreement 2016. The agreement was to operate from 5 February 2016, as per section 54 of the Fair Work Act, and would remain in effect until 28 January 2020, unless terminated earlier in accordance with the Act. The Commissioner's decision was based on the evidence presented and the compliance of the agreement with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established