DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SESLS Industrial Pty Ltd
(AG2016/7190)

SESLS INDUSTRIAL PTY LTD EMPLOYEE CONSTRUCTION ON-SITE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the SESLS Industrial Pty Ltd Employee Construction On-site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SESLS Industrial Pty Ltd Employee Construction On-site 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 SESLS Industrial 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 16 January 2016. The nominal expiry date of the Agreement is 8 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SESLS Industrial Pty Ltd, sought approval of the Employee Construction On-site Enterprise Agreement 2016 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the respondent, the Building and Construction Union, opposed the application on various grounds. The dispute centred on the terms and conditions of employment for workers engaged in the construction industry, specifically those covered by the proposed enterprise agreement.

The primary legal issues before the court were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act and whether it provided for the minimum terms and conditions as prescribed by the Act. The court had to examine the specific provisions of the agreement to determine if they adhered to the legal standards, including whether the agreement provided for minimum rates of pay, leave entitlements, and other essential terms and conditions. Additionally, the court assessed whether the agreement was fairly and genuinely negotiated between the parties and if it met the requirements for simplicity, clarity, and accessibility.

In determining the application, the court closely analysed the terms of the proposed enterprise agreement. It found that the agreement contained provisions that complied with the statutory minimum standards and were consistent with the requirements of the Act. The court concluded that the agreement was fairly and genuinely negotiated, and it provided for clear and accessible terms. As a result, the court approved the SESLS Industrial Pty Ltd Employee Construction On-site Enterprise Agreement 2016, finding it to be in compliance with the legal requirements set out in the Fair Work Act.

The court's decision was based on the comprehensive review of the agreement's provisions and the evidence presented by both parties. The final order was that the Employee Construction On-site Enterprise Agreement 2016, as submitted by SESLS Industrial Pty Ltd, was approved under the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment terms and conditions for the relevant workers.

SESLS Industrial Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established