DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuredale Pty Ltd T/A Metro Lintels
(AG2015/5172)

METRO LINTELS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Metro Lintels Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metro Lintels Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kuredale Pty Ltd T/A Metro Lintels. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kuredale Pty Ltd trading as Metro Lintels, applied to the Fair Work Commission for the approval of the Metro Lintels Enterprise Agreement 2015. The application involved determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be registered and made binding on the parties.

The primary legal issue was whether the agreement contained the mandated minimum terms and conditions as outlined in the Fair Work Act. Specifically, the court had to consider whether the agreement was in accordance with the requirements for a single-enterprise agreement, including whether it met the minimum rate of pay, allowed for genuine bargaining, and contained provisions for dispute resolution. Additionally, the court needed to determine if the agreement had been negotiated in good faith and if it provided for adequate employee protections.

The Fair Work Commission found that the agreement met all statutory requirements for approval. The Commission considered the evidence presented by both parties, including the negotiation process and the content of the agreement. It concluded that the agreement contained all the mandated minimum terms and conditions and was negotiated in good faith. The Commission also found that the agreement provided for adequate employee protections and did not contravene any provisions of the Fair Work Act.

As a result, the Commission approved the Metro Lintels Enterprise Agreement 2015, making it binding on the parties. The approval was effective from the date specified in the agreement, ensuring that all terms and conditions were legally enforceable. The decision provided clarity for both employers and employees regarding their rights and obligations under the agreement.

Kuredale Pty Ltd T/A Metro Lintels

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established