DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Kerbs Pty Ltd as trustee for M&J Business Trust T/A Precision Kerbs
(AG2016/6920)

PRECISION KERBS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Precision Kerbs Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precision Kerbs 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 Precision Kerbs Pty Ltd as trustee for M & J Business Trust. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 5 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Kerbs Pty Ltd as trustee for the M&J Business Trust, trading as Precision Kerbs, applied for the approval of the Precision Kerbs Enterprise Agreement 2016, which was submitted to the Fair Work Commission. The applicant, a small business operating in the kerbing and landscaping industry, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the negotiation process and the content of the proposed agreement, which aimed to regulate employment conditions for its employees.

The legal issues before the court centred on whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, if it contained the mandated minimum terms and conditions, and if it was procedurally fair. Additionally, the court needed to assess if the agreement complied with the requirements for being a simple, fair, and flexible agreement, given the small business context.

In its decision, the Fair Work Commission held that the Precision Kerbs Enterprise Agreement 2016 was procedurally sound and substantively fair. The Commission found that the agreement was made in good faith and contained the required minimum terms and conditions. The negotiation process was deemed to be fair and appropriate for a small business, and the agreement was considered to be simple, fair, and flexible, aligning with the needs of the enterprise. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the Fair Work Commission were that the Precision Kerbs Enterprise Agreement 2016 be approved and registered as a registered agreement under section 183 of the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and was to be binding on the employer, employees, and their respective organisations.

Precision Kerbs Pty Ltd as trustee for M&J Business Trust T/A Precision Kerbs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established