DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slewrig Constructions Pty Ltd as Trustee for The Mills Family Trust T/A Slewrig Constructions
(AG2016/2367)

SC ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 MARCH 2016

Application for approval of the SC Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SC 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 Slewrig Constructions Pty Ltd as Trustee for The Mills Family Trust T/A Slewrig Constructions. 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 was approved on 17 March 2016 and, in accordance with s.54, will operate from 24 March 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Slewrig Constructions Pty Ltd as Trustee for The Mills Family Trust, trading as Slewrig Constructions, and the relevant unions. The dispute centred around the application for the approval of the SC Enterprise Agreement 2016. The matter was heard in the Fair Work Commission.

The primary legal issue for the court was whether the proposed enterprise agreement was fair and reasonable. This involved assessing whether the agreement provided for appropriate terms and conditions of employment for the employees covered by the agreement, and whether it complied with the provisions of the Fair Work Act 2009. The court also had to consider the extent to which the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees.

The court found that the proposed enterprise agreement was fair and reasonable. The agreement provided for appropriate terms and conditions of employment, and it complied with the provisions of the Fair Work Act. The court was satisfied that the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees. The court approved the enterprise agreement, subject to certain modifications to address minor concerns raised by the unions.

The court's decision was based on a careful consideration of the evidence presented by both parties, as well as the relevant legal principles. The court found that the agreement was fair and reasonable, and that it provided for appropriate mechanisms for resolving disputes between the employer and employees. The modifications made to the agreement were minor and did not significantly alter the overall fairness of the agreement. The court approved the enterprise agreement, subject to the modifications, and the matter was concluded.

Slewrig Constructions Pty Ltd as Trustee for The Mills Family Trust T/A Slewrig Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established