DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Joel Simford Welding Services Pty Ltd T/A Simford Welding Services
(AG2015/42)

JOEL SIMFORD SERVICES PTY LTD T/A SIMFORD WELDING SERVICES COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 15 JANUARY 2015

Application for approval of the Joel Simford Services Pty Ltd T/A Simford Welding Services Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Joel Simford Services Pty Ltd T/A Simford Welding Services Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Joel Simford Welding Services Pty Ltd t/a Simford Welding Services.

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

[3] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Joel Simford Welding Services Pty Ltd, trading as Simford Welding Services, sought approval of a Collective Bargaining Workshop Agreement 2014. The applicant, an employer, aimed to finalise a workplace agreement that would govern the terms and conditions of employment for their employees. The application was brought before the Commission to ensure compliance with the Fair Work Act 2009 and to confirm the agreement's fairness and appropriateness.

The primary legal issues the Commission needed to address were whether the proposed agreement met the necessary requirements under the Fair Work Act and if it was fair and appropriate for the employees involved. The Commission examined the provisions of the agreement to ensure they adhered to the legal standards for workplace agreements, including compliance with minimum entitlements and procedural fairness. Furthermore, the Commission assessed whether the agreement provided adequate protections for the employees and whether it was negotiated in good faith.

After thorough consideration, the Commission found that the Collective Bargaining Workshop Agreement 2014 met the requirements of the Fair Work Act and was fair and appropriate for the employees. The Commission confirmed that the agreement provided adequate safeguards for the employees and was negotiated in good faith. Consequently, the Commission approved the agreement, ensuring that it would govern the terms and conditions of employment for the employees of Joel Simford Welding Services Pty Ltd, trading as Simford Welding Services. The approval was granted on the basis that the agreement complied with the necessary legal standards and provided fair and appropriate terms for the employees involved.

Joel Simford Welding Services Pty Ltd T/A Simford Welding Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established