Safegate Australia Pty Ltd Summary

[2016] FWCA 1945

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Safegate Australia Pty Ltd

(AG2016/432)

SAFEGATE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry

COMMISSIONER LEE

MELBOURNE, 31 MARCH 2016

Application for approval of the Safegate Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Safegate Australia Pty Ltd 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 Safegate

Australia Pty Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 April 2016. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Safegate Australia Pty Ltd applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was made by Safegate Australia Pty Ltd and related to the Safegate Australia Pty Ltd Enterprise Agreement 2016. The agreement in question is a single enterprise agreement that covers the electrical contracting industry.

The legal issues before the court were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, which are relevant to the approval of an enterprise agreement. The court needed to determine if the application was made in good faith, if it was made for the purpose of facilitating a productive workplace relationship, and if the agreement contained the terms that are required by the Fair Work Act.

The court found that the application met the requirements of the Fair Work Act 2009. The agreement was approved and will operate from 7 April 2016. The nominal expiry date of the agreement is 30 March 2020. The court was satisfied that the agreement met all the necessary requirements and was in the best interest of the employees and the employer. The court approved the agreement and the parties can now proceed with the implementation of the terms and conditions outlined in the agreement.

Safegate Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established