DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Labour Services Walan Pty Ltd
(AG2016/6770)

LABOUR SERVICES WALAN PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2016

Application for the approval of the Labour Services Walan Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Labour Services Walan Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Labour Services Walan Pty Ltd. 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 23 November 2016. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission was presented with an application from Labour Services Walan Pty Ltd to approve an Enterprise Agreement 2016-2020. The application was made by the employer under section 234 of the Fair Work Act 2009, seeking approval of the agreement as a registered agreement. The dispute involved the terms and conditions of employment for the workers under the proposed agreement, including wage rates, working hours, and other employment-related conditions.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. The Commission had to determine if the agreement contained the necessary minimum terms and conditions, if it was made in good faith, and if it complied with the procedural requirements for registration. The Commission also considered the fairness of the agreement's terms and the process through which the agreement was made.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations. The Commission noted that the agreement contained the necessary minimum terms and conditions and that the process through which the agreement was made was fair and in good faith. The Commission also found that the terms of the agreement were not unfair and were reasonable in all the circumstances. The Commission approved the Labour Services Walan Pty Ltd Enterprise Agreement 2016-2020 as a registered agreement, effective from the date of the Commission's decision.

The Commission's decision was made on the basis of the evidence and submissions provided by the parties. The Commission noted that the employer had demonstrated that the agreement was made in good faith and that the process through which the agreement was made was fair. The Commission also found that the terms of the agreement were reasonable and did not contain any unfair terms. The Commission's decision was final and binding on the parties.

Labour Services Walan Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established