DECISION

Fair Work Act 2009
s.185—Enterprise agreement

More Than OK Building Pty Ltd
(AG2019/1325)

MORE THAN OK BUILDING PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 JUNE 2019

Application for approval of the More Than OK Building Pty Ltd Enterprise Agreement 2019 - 2023.

[1] More Than OK Building Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as More Than OK Building Pty Ltd Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 20 June 2019 and, in accordance with s 54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

More Than OK Building Pty Ltd applied to the Fair Work Commission for approval of the More Than OK Building Pty Ltd Enterprise Agreement 2019-2023. The application was opposed by the Building and Construction Employees Union. The nature of the dispute concerned the compliance of the enterprise agreement with the provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the legislation.

The legal issues before the Commission included whether the agreement adequately protected the interests of employees, ensured fair terms and conditions of employment, and complied with the process for enterprise bargaining as stipulated by the Fair Work Act. The Commission also needed to consider whether the agreement was made in good faith and whether it was free from any improper influences.

The Commission concluded that the agreement was compliant with the Fair Work Act. It found that the agreement met the requirements for approval as it provided for fair terms and conditions, adequately protected the interests of employees, and was made in good faith. The Commission also determined that the process for enterprise bargaining was followed correctly and that the agreement was free from any improper influences. As such, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the More Than OK Building Pty Ltd Enterprise Agreement 2019-2023. The Commission found the agreement to be compliant with the Fair Work Act, meeting the requirements for approval. The agreement was deemed to provide fair terms and conditions of employment, adequately protect the interests of employees, and be made in good faith. The Commission also determined that the process for enterprise bargaining was followed correctly, and that the agreement was free from any improper influences.

More Than OK Building Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established