Silverstrand Developments Pty Ltd T/A Silverstrand Developments Pty Ltd

[2024] FWCA 1703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Silverstrand Developments Pty Ltd T/A Silverstrand Developments Pty Ltd

(AG2024/1342)

SILVERSTRAND DEVELOPMENTS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 MAY 2024

Application for approval of the Silverstrand Developments Pty Ltd Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Silverstrand Developments Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Silverstrand Developments Pty Ltd T/A Silverstrand Developments Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval has been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 May 2024. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Silverstrand Developments Pty Ltd, trading as Silverstrand Developments, and their employees, who were represented by the Australian Manufacturing Workers' Union. The dispute was centred around the application for the approval of the Silverstrand Developments Pty Ltd Enterprise Agreement 2024, which was lodged with the Fair Work Commission. The agreement aimed to establish terms and conditions for the employees working under Silverstrand Developments. The legal issues that the Fair Work Commission had to decide upon involved whether the agreement was made in good faith, whether it contained all the necessary provisions, and if it complied with the provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement met the requirements for being a single, indivisible agreement and whether it provided for the protection of employees' rights and interests.

The Fair Work Commission, after reviewing the application, determined that the agreement was made in good faith, contained all the necessary provisions, and complied with the Fair Work Act 2009. The Commission found that the agreement was a single, indivisible document, and it adequately protected the rights and interests of the employees. The Commission also considered the views of the employees and their representatives and took into account the need for a fair and efficient workplace. Based on the evidence and arguments presented by both parties, the Commission was satisfied that the agreement met all the legal requirements for approval.

In light of the findings, the Fair Work Commission approved the Silverstrand Developments Pty Ltd Enterprise Agreement 2024. The approved agreement will now govern the terms and conditions of employment for the employees of Silverstrand Developments Pty Ltd. The approval of the agreement ensures that the rights and interests of the employees are protected, and it provides a fair and efficient workplace for both the employer and the employees. The decision of the Fair Work Commission is a significant milestone for the parties involved and will have a lasting impact on the working relationship between Silverstrand Developments Pty Ltd and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established