DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MJ & EEJ McIntosh Pty Ltd T/A McIntosh Signs
(AG2015/2348)

MCINTOSH SIGNS ENTERPRISE AGREEMENT 2015

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2015

Application for approval of the McIntosh Signs Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McIntosh Signs Enterprise Agreement 2015 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by MJ & EEJ McIntosh Pty Ltd T/A McIntosh Signs. It is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to the application have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, McIntosh, represented by the employer, brought an application for the approval of the McIntosh Signs Enterprise Agreement 2015. The applicant, McIntosh, is an employer in the signage industry, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), is the registered trade union. The dispute centres on the terms and conditions of employment outlined in the proposed agreement, which seeks to regulate the working arrangements of employees within the company.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement, and if it appropriately balanced the interests of the employer and employees. Furthermore, the Commission had to ensure that the agreement did not adversely affect employees' conditions of employment and provided a fair and reasonable process for the resolution of disputes.

The Commission found that the proposed agreement was a "single interest" enterprise agreement, as it was made between the employer and the union, and not with individual employees. The agreement was considered to be in the best interests of the employees, as it provided for a fair and reasonable process for the resolution of disputes, and it did not adversely affect employees' conditions of employment. The Commission also noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, such as the protection of employees' rights to a safe working environment, and the provision of adequate notice and consultation in the event of redundancy or other significant changes to employment conditions. Ultimately, the Commission approved the McIntosh Signs Enterprise Agreement 2015, finding that it met the necessary legal requirements and was in the best interests of the employees.

MJ & EEJ McIntosh Pty Ltd T/A McIntosh Signs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established