[2013] FWCA 45 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Joel Simford Welding Services Pty Ltd T/A Simford Welding Services
(AG2012/12788)
JOEL SIMFORD WELDING SERVICES PTY LTD TRADING AS SIMFORD WELDING SERVICES (ON-SITE CONSTRUCTION) COLLECTIVE BARGAINING AGREEMENT 2011-2014
Building, metal and civil construction industries | |
COMMISSIONER GOOLEY | MELBOURNE, 3 JANUARY 2013 |
Application for approval of the Joel Simford Welding Services Pty Ltd trading as Simford Welding Services (On-Site Construction) Collective Bargaining Agreement 2011-2014.
[1] An application has been made for approval of an enterprise agreement known as the Joel Simford Welding Services Pty Ltd trading as Simford Welding Services (On-Site Construction) Collective Bargaining Agreement 2011-2014 (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 T/A Simford Welding Services. 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 3 January 2013 and, in accordance with s.54, will operate from 10 January 2013. The nominal expiry date of the Agreement is 30 June 2014.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code G, AE899153 PR532868>
ANNEXURE A
- AGLC
- Joel Simford Welding Services Pty Ltd T/A Simford Welding Services [2013] FWCA 45
- Case
- [2013] FWCA 45
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the bargaining agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This included scrutiny of whether the agreement covered all necessary aspects as mandated by the legislation, and whether it adhered to the principles of good faith bargaining and industrial fairness. Additionally, the Commission had to determine whether the agreement would result in any employees being worse off overall.
The Commission found that the agreement largely complied with the requirements of the Fair Work Act and Regulations. The Commission noted that the agreement was the product of genuine negotiations between the parties, as evidenced by the submissions and documentation provided. It was determined that the agreement was comprehensive and included all necessary elements, such as wage rates, working hours, and procedures for resolving disputes. The Commission concluded that the agreement did not result in any employees being worse off overall, and therefore, approved the On-Site Construction Collective Bargaining Agreement 2011-2014. The final orders confirmed the approval of the agreement, which would be binding on the parties involved for the specified period.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.