DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MBJC Pty Ltd T/A Premier Restorations
(AG2014/9586)

PREMIER RESTORATIONS EMPLOYEE ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER GREGORY	MELBOURNE, 28 JANUARY 2015

Application for approval of the Premier Restorations Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Premier Restorations Employee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MBJC Pty Ltd T/A Premier Restorations. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement was submitted with the model flexibility provision in the terms of s.202 of the Act attached to it. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was also submitted with the model consultation provision in the terms of s.205 of the Act attached to it. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 28 January 2019.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, MBJC Pty Ltd, trading as Premier Restorations, sought approval of the Premier Restorations Employee Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009, with the primary dispute concerning whether the agreement met the statutory requirements for registration. The matter was heard by Deputy President C. C. Brown.

The legal issues before the court encompassed whether the agreement provided adequate protections for employees, if the negotiation process was genuine, and if the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Furthermore, the court had to assess if the agreement was made in good faith and if it contained the mandated minimum terms and conditions of employment.

Deputy President C. C. Brown examined the negotiation records, the contents of the agreement, and the submissions made by both parties. The court concluded that the agreement was negotiated in good faith and included all necessary minimum terms and conditions. The Deputy President found that the agreement met all statutory requirements and was consistent with the provisions of the Fair Work Act. Consequently, the application for approval was granted.

As a result of the court's decision, the Premier Restorations Employee Enterprise Agreement 2014 was approved and registered, effective from the date of the decision. The agreement now binds the employer and the employees covered by it, subject to the provisions of the Fair Work Act and any applicable awards or other registered agreements.

MBJC Pty Ltd T/A Premier Restorations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established