DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Signcraft Pty Ltd
(AG2017/5183)

SIGNCRAFT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the Signcraft Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Signcraft Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Signcraft Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 12 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Signcraft Pty Ltd was before the Fair Work Commission, where the company applied for the approval of the Signcraft Enterprise Agreement 2017. The dispute revolved around whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. The legal issues before the court included whether the agreement met the procedural requirements for negotiation and whether it adhered to the minimum terms and conditions as set out in the Fair Work Act.

The court examined the negotiation process and found that the agreement was negotiated in good faith and that the necessary procedural requirements were met. It also assessed whether the agreement provided for terms and conditions that were no less favourable than the applicable modern awards. The court noted that the agreement contained provisions that met or exceeded the minimum terms, including provisions on wages, hours of work, and leave entitlements.

The Fair Work Commission approved the Signcraft Enterprise Agreement 2017, finding that it was fairly negotiated and complied with the statutory requirements. The court concluded that the agreement met the necessary procedural and substantive standards, thus making it eligible for approval. The decision was made in accordance with the principles of fairness and good faith, and the agreement was deemed to be a genuine enterprise agreement within the meaning of the Fair Work Act.

Signcraft 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