DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metecno Pty Ltd T/A Bondor
(AG2015/1083)

METECNO PTY LTD, TRADING AS BONDOR, SUNSHINE SITE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Metecno Pty Ltd, trading as Bondor, Sunshine Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Metecno Pty Ltd, trading as Bondor, Sunshine Site 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 Metecno Pty Ltd t/a Bondor. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 18 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Metecno Pty Ltd, trading as Bondor, applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The Sunshine Site Enterprise Agreement was contested by a union representing employees at the Sunshine Site, who argued it did not meet the requirements for an enterprise agreement under the Fair Work Act 2009. The union claimed the agreement failed to provide for minimum terms and conditions and did not include appropriate dispute resolution processes. The Fair Work Commission was required to determine if the agreement was appropriately drafted and if it met the statutory requirements for approval.

The central legal issue before the Commission was whether the Enterprise Agreement 2015 complied with the provisions of the Fair Work Act, particularly sections concerning the inclusion of minimum terms and conditions, as well as adequate dispute resolution mechanisms. The Commission considered the content of the agreement, the submissions from both parties, and relevant legal precedents to ascertain if the agreement was fair and appropriate for the employees covered by it. The union's contention was that the agreement did not meet the necessary standards and thus should not be approved.

The Fair Work Commission found that the Sunshine Site Enterprise Agreement 2015 did not adequately address certain minimum terms and conditions required by the Fair Work Act. Specifically, the agreement did not include provisions for leave entitlements and penalty rates, which are fundamental aspects of a fair enterprise agreement. Furthermore, the dispute resolution mechanisms outlined in the agreement were deemed insufficient to ensure fair treatment of employees. Consequently, the Commission refused to approve the agreement. The Commission's decision was based on the need to protect the rights and interests of employees under the Fair Work Act, ensuring that any enterprise agreement provides for fair terms and conditions and appropriate dispute resolution processes.

The Fair Work Commission's final order was that the Metecno Pty Ltd, trading as Bondor, Sunshine Site Enterprise Agreement 2015 was not approved. The Commission directed that the agreement be returned to the parties for revision and resubmission, ensuring it includes all necessary minimum terms and conditions and appropriate dispute resolution mechanisms. The decision underscored the importance of compliance with the Fair Work Act and the Commission's role in safeguarding employee rights.

Metecno Pty Ltd T/A Bondor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established