DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Management Services WA Pty Ltd
(AG2014/7897)

MANAGEMENT SERVICES WA PTY. LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 DECEMBER 2014

Application for approval of the Management Services WA Pty. Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Management Services WA Pty. Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Management Services WA Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Management Services WA Pty Ltd, an applicant employer, sought approval for the Management Services WA Pty Ltd Enterprise Agreement 2014-2018. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009. The applicant employer argued that the agreement was fair and reasonable, while a union representing employees, the Construction, Forestry, Maritime, Mining and Energy Union, contended that the agreement was not fair and reasonable.

The Commission examined the agreement's provisions, including minimum rates of pay, penalty rates, and allowances. The Commission also considered the bargaining process and the parties' capacity to negotiate. The Commission found that the agreement was fair and reasonable, as it provided for adequate minimum rates of pay, penalty rates, and allowances. The Commission also found that the bargaining process was genuine and that the parties had capacity to negotiate.

Accordingly, the Fair Work Commission approved the Management Services WA Pty Ltd Enterprise Agreement 2014-2018. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The Commission also found that the agreement was not unfair or unreasonable and did not undermine the operation of the safety net provided by the Act. The approval of the agreement means that it will be registered and will apply to the employees covered by the agreement for the period specified in the agreement.

Management Services WA 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