DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patch and Caulk Pty Ltd
(AG2016/2915)

PATCH AND CAULK PTY. LTD. ON-SITE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 JULY 2016

Application for approval of the Patch and Caulk Pty Ltd On-Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Patch and Caulk Pty. Ltd. On-site 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 Patch and Caulk Pty Ltd. The agreement is a single enterprise agreement.

[2] On 8 July 2016, I conducted a hearing to seek clarification about several aspects of the Agreement. The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. The nominal expiry date of the Agreement is 3 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Patch and Caulk Pty Ltd recently applied to the Fair Work Commission for the approval of the Patch and Caulk Pty Ltd On-Site Enterprise Agreement 2016. The applicant, Patch and Caulk Pty Ltd, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The agreement was registered by the Australian Building and Construction Commission on 25 November 2016. The Commission was required to determine whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the mandatory matters as required by section 232 of the Act. Additionally, the Commission had to consider whether the agreement contained any terms that were outside the scope of the agreement or that were inconsistent with the Fair Work Act 2009. The Commission also had to assess whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the agreement provided for the mandatory matters as required by section 232 of the Fair Work Act 2009. The Commission found that the agreement contained no terms that were outside the scope of the agreement or that were inconsistent with the Fair Work Act 2009. The Commission also found that the agreement had been made in accordance with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement had been made fairly and in good faith.

The Fair Work Commission approved the Patch and Caulk Pty Ltd On-Site Enterprise Agreement 2016, effective from 25 November 2016. The Commission noted that the agreement provided for a range of terms and conditions, including wages, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement was in the best interests of the employees and employers covered by the agreement.

Patch and Caulk 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