Petar Zlatar Partitions Pty Ltd Summary

[2014] FWCA 5333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Petar Zlatar Partitions Pty Ltd
(AG2014/1857)

PETAR ZLATAR PARTITIONS PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petar Zlatar Partitions Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 6 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Petar Zlatar Partitions Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The agreement, which covered a period of four years, was negotiated between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was focused on whether the agreement met the criteria for approval as stipulated in the Fair Work Act.

The primary legal issues before the court involved whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement was free from prohibited content. Additionally, the court had to determine whether the agreement had been properly certified and whether the parties had genuinely bargained for the terms of the agreement.

In its reasoning, the Fair Work Commission found that the agreement had been made in good faith and contained the necessary minimum terms. The Commission also determined that the agreement was free from prohibited content and had been properly certified. The Commission noted that the agreement included provisions for genuine bargaining and provided for the parties to have an opportunity to negotiate the terms. The outcome was that the application for approval of the enterprise agreement was successful. The Fair Work Commission approved the agreement, finding it met all the statutory requirements.

The final orders of the Fair Work Commission were that the Petar Zlatar Partitions Pty Ltd Enterprise Agreement 2014-2018 be approved and registered under section 235 of the Fair Work Act. The agreement was to take effect from the date of the decision and remain in force until the end of the specified period. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

Petar Zlatar Partitions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established