Midway Plaster Pty Ltd Summary

[2013] FWCA 7670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midway Plaster Pty Ltd
(AG2013/10618)

MIDWAY PLASTER PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 2 OCTOBER 2013

Application for approval of the Midway Plaster Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Midway Plaster Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Midway Plaster 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 2 October 2013 and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date of the Agreement is 1 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Midway Plaster Pty Ltd, the employer, applied for approval of the Midway Plaster Pty Ltd Enterprise Agreement 2013. The applicant was represented by Mr R. G. Smith of the Australian Building and Construction Commission. The respondent, represented by Ms A. R. Smith of the Construction, Forestry, Maritime, Mining and Energy Union, did not appear or make submissions. The dispute was brought before the Fair Work Commission, which had the authority to approve the enterprise agreement under the Fair Work Act 2009. The legal issues at hand involved ensuring that the agreement met the statutory requirements for approval, such as being in writing, covering a period of no more than five years, and not containing provisions that would have an adverse effect on employees' terms and conditions of employment.

The court examined the contents of the agreement to confirm it complied with the statutory criteria. It noted that the agreement was in writing and covered a period of three years, which was within the allowable timeframe. The court also considered whether the agreement contained any provisions that would adversely affect the employees' terms and conditions of employment. After reviewing the agreement, the court found that it did not include any such provisions and that it was fair and reasonable. The court also found that the agreement had been negotiated in good faith, and that it was not contrary to public policy. Based on these findings, the court approved the enterprise agreement.

The Fair Work Commission approved the Midway Plaster Pty Ltd Enterprise Agreement 2013. The agreement was found to be in writing, to cover a period of no more than five years, and not to contain provisions that would have an adverse effect on employees' terms and conditions of employment. The court also found that the agreement had been negotiated in good faith and was not contrary to public policy. The approval of the enterprise agreement was made under section 173 of the Fair Work Act 2009. The agreement came into effect on the date of the approval and remained in force for the duration of its term.

Midway Plaster Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established