DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & P Gladman Pty Ltd
(AG2015/4970)

M & P GLADMAN PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the M & P Gladman Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the M & P Gladman Pty Ltd 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 M & P Gladman 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 was approved on 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, M & P Gladman Pty Ltd applied for approval of the M & P Gladman Pty Ltd Enterprise Agreement 2015. The applicants were the employer, and the respondents were the employees covered by the agreement. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it facilitated a productive workplace relationship and promoted high-performance work practices.

The legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, contained appropriate mechanisms for resolving disputes, and did not undermine the rights of employees. The Commission had to consider if the agreement was free from any coercive elements and whether it provided for a fair and reasonable set of terms and conditions for the employees. Additionally, the Commission examined whether the agreement met the requirements of the national employment standards and any applicable awards.

The Commission found that the agreement was fair and reasonable, promoting a productive workplace relationship. It contained appropriate mechanisms for resolving disputes and did not undermine the rights of employees. The Commission also determined that the agreement was free from any coercive elements and provided for a fair and reasonable set of terms and conditions for the employees. The agreement was found to meet the requirements of the national employment standards and applicable awards.

The Fair Work Commission approved the M & P Gladman Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement was registered with the Fair Work Commission, and it would apply to the employees covered by the agreement.

M & P Gladman 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