Popmarc Pty Ltd T/A Load 28 Summary

[2014] FWCA 6464

FAIR WORK COMMISSION

DECISION

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

Popmarc Pty Ltd T/A Load 28
(AG2014/8774)

POPMARC PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 SEPTEMBER 2014

Application for approval of the Popmarc Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Popmarc Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Popmarc Pty Ltd T/A Load 28. 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 23 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Popmarc Pty Ltd, trading as Load 28, sought approval for the Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The enterprise agreement in question pertains to the terms and conditions of employment for employees within the business. The primary dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was in the best interest of the employees.

The legal issues the court had to address included whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, particularly whether it contained all the prescribed terms, and whether the process by which the agreement was made was fair. Additionally, the court needed to determine whether the agreement was genuinely an enterprise agreement and whether it provided a safety net for employees.

In delivering its decision, the Fair Work Commission found that the agreement was compliant with all the necessary statutory requirements. It confirmed that the agreement contained all the prescribed terms and was made in good faith. The Commission noted that the agreement provided a safety net for employees, covering minimum wages, penalty rates, and other conditions of employment. Consequently, the Commission approved the Enterprise Agreement 2014, finding it to be in the best interest of the employees. The decision was made on the basis that the agreement adhered to the legislative framework and provided fair terms for the employees involved.

As a result of the court's decision, the Enterprise Agreement 2014 was approved, and it came into effect as a legally binding document governing the employment conditions of the employees at Popmarc Pty Ltd, trading as Load 28.

Popmarc Pty Ltd T/A Load 28

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established