Phoenix Shut Down Services Pty Ltd

[2013] FWCA 5226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phoenix Shut Down Services Pty Ltd
(AG2013/1960)

PHOENIX SHUT DOWN SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2013

Application for approval of the Phoenix Shut Down Services Pty Ltd Enterprise Bargaining Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Phoenix Shut Down Services Pty Ltd Enterprise Bargaining Agreement 2013 - 2017 (the Agreement). The application was made 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 of the Act as are 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 from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Phoenix Shut Down Services Pty Ltd sought approval for its Enterprise Bargaining Agreement 2013-2017. The company, an employer in the shut-down services industry, aimed to formalise the terms and conditions of employment for its employees through this agreement. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Commission were whether the Enterprise Bargaining Agreement met the criteria for approval, including whether it provided for a fair and reasonable process for resolving disputes, and whether it complied with the minimum entitlements as stipulated by the Act and Regulations. Additionally, the Commission examined whether the agreement contained any provisions that unfairly disadvantaged employees or otherwise contravened the statutory framework governing enterprise agreements.

The Commission considered the submissions from both parties and the evidence presented. It concluded that the Enterprise Bargaining Agreement did meet the statutory criteria for approval. The agreement was found to provide for a fair and reasonable process for resolving disputes, and it did not contain any provisions that would unfairly disadvantage employees. The Commission also determined that the agreement complied with the minimum entitlements required by the Fair Work Act and Regulations.

Accordingly, the Fair Work Commission approved the Phoenix Shut Down Services Pty Ltd Enterprise Bargaining Agreement 2013-2017. The agreement was certified as meeting the necessary statutory requirements, and it was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established