Matthews Facade Installations Pty Ltd

[2014] FWCA 7671

FAIR WORK COMMISSION

DECISION

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

Matthews Facade Installations Pty Ltd
(AG2014/7591)

MATTHEWS FAÇADE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the Matthews Facade Installations Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Matthews Facade Installations Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Matthews Facade Installations 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 30 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Matthews Facade Installations Pty Ltd recently appeared before the Fair Work Commission to seek approval of an Enterprise Agreement. The company, a facade installation firm, had entered into an agreement with its employees represented by the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement contained all the mandated terms and conditions as required by section 228 of the Act. This included assessing if the agreement provided for the minimum entitlements under the National Employment Standards and if it complied with other statutory requirements, including those concerning termination and redundancy. The Commission also needed to determine whether the agreement was fairly negotiated and if it was in the best interests of the employees.

The Fair Work Commission found that the Enterprise Agreement contained all the necessary mandated terms and conditions. The Commission noted that the agreement had been negotiated in good faith and that it was in the best interests of the employees. The agreement provided for all minimum entitlements and adhered to the statutory requirements. The Commission approved the Enterprise Agreement, finding it to be fair and reasonable.

The Commission's decision provides clarity for employers and employees regarding the contents and requirements of an approved Enterprise Agreement. It reinforces the importance of adhering to statutory mandates and ensuring that agreements are negotiated in good faith and in the best interests of the employees. The approval of the agreement allows Matthews Facade Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union to proceed with the terms of the agreement, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established