DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Smithbridge Group Pty Ltd
(AG2015/737)

SMITHBRIDGE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 APRIL 2015

Application for approval of the Smithbridge Australia Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 March 2015 by Smithbridge Group Pty Ltd for the approval of a single-enterprise agreement known as the Smithbridge Australia Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] On 10 April 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Smithbridge Group Pty Ltd, the applicant, sought approval of the Smithbridge Australia Pty Ltd Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement met the necessary criteria under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was a genuine enterprise agreement, whether it had been negotiated in good faith, and whether it met the other statutory requirements for approval.

The Commission examined the process by which the agreement was negotiated and the evidence presented regarding the parties' conduct. It considered whether the agreement was genuinely negotiated between the parties and whether the applicant had fulfilled its obligations to negotiate in good faith. The Commission also assessed whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, taking into account the interests of both employees and employers.

After thorough consideration, the Commission concluded that the agreement was a genuine enterprise agreement that had been negotiated in good faith. It found that the applicant had satisfied the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, and it did not contain any provisions that were contrary to public policy or that failed to meet the statutory obligations under the Fair Work Act 2009.

The Fair Work Commission approved the Smithbridge Australia Pty Ltd Enterprise Agreement 2015. The Commission ordered that the agreement be registered and enforceable as a registered agreement under the Fair Work Act 2009. The decision confirmed the validity of the agreement and established the terms and conditions of employment for the relevant employees.

Smithbridge Group 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