DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paradise Outdoor Building Company Pty Ltd t/a Paradise Outdoor Building Company
(AG2016/934)

PARADISE OUTDOOR BUILDING COMPANY PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JUNE 2016

Application for approval of the Paradise Outdoor Building Company Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Paradise Outdoor Building Company Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paradise Outdoor Building Company Pty Ltd t/a Paradise Outdoor Building Company. 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 9 June 2016 and, in accordance with s.54, will operate from 16 June 2016. The nominal expiry date of the Agreement is 16 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Paradise Outdoor Building Company Pty Ltd Enterprise Agreement 2016. The applicant, the employer, sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The dispute centred around the fairness of the agreement, which was challenged by the Australian Building and Construction Commission, acting on behalf of certain employees. The court had to determine whether the agreement was a lawful enterprise agreement and if it was fair.

The primary legal issues addressed by the court involved the compliance of the enterprise agreement with the statutory requirements under the Fair Work Act 2009. The court needed to examine whether the agreement was made in good faith, whether the appropriate procedural steps were followed in its creation, and if it contained the mandatory terms specified in the Act. Additionally, the court had to consider the fairness of the agreement, assessing it on the basis of its overall terms and conditions, and whether it met the standards of procedural and substantive fairness.

In its decision, the court found that the agreement was compliant with the requirements of the Fair Work Act. The court determined that the agreement was made in good faith, that the necessary procedural steps had been followed, and that it contained all the mandatory terms. The court further found that the agreement was fair in its entirety, taking into account the nature of the work, the employees' interests, and the employer's business needs. The court's approval was granted, and the enterprise agreement was recognised as a lawful agreement.

The court made an order approving the enterprise agreement as a lawful agreement and directed that it be registered with the Fair Work Commission. This order effectively validated the terms and conditions of the agreement, providing legal certainty for both the employer and the employees covered by the agreement.

Paradise Outdoor Building Company Pty Ltd t/a Paradise Outdoor Building Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established