DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Levent Painting Pty Ltd
(AG2018/3698)

LEVENT PAINTING ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Levent Painting Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Levent Painting Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Levent Painting Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 3 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Levent Painting Pty Ltd sought approval of the Levent Painting Enterprise Agreement 2018, which had been made under section 181 of the Fair Work Act 2009. The applicant argued that the agreement satisfied the requirements of the Act, including that it contained no terms that were less favourable than the relevant award or safety nets in the Act. The Australian Industrial Relations Commission, represented by a delegate of the President, heard the application. The central issue before the court was whether the Levent Painting Enterprise Agreement 2018 met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "better off overall test" agreement and if it contained terms that were less favourable than those provided by the relevant award or the safety nets in the Act.

The court considered the evidence and submissions from both parties and found that the agreement met the requirements of the Act. It was determined that the agreement was a "better off overall test" agreement and that it did not contain any terms that were less favourable than those provided by the relevant award or the safety nets in the Act. The court was satisfied that the agreement was fairly negotiated and that it provided for a fair and equitable outcome for both parties. Consequently, the court approved the Levent Painting Enterprise Agreement 2018.

In summary, the Australian Industrial Relations Commission approved the Levent Painting Enterprise Agreement 2018, finding that it met the criteria for approval under the Fair Work Act 2009. The court determined that the agreement was a "better off overall test" agreement and did not contain any terms that were less favourable than those provided by the relevant award or the safety nets in the Act. The agreement was fairly negotiated and provided for a fair and equitable outcome for both parties.

Levent Painting 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