Soil Wicks Australia Pty Ltd

[2014] FWCA 4528

FAIR WORK COMMISSION

DECISION

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

Soil Wicks Australia Pty Ltd
(AG2014/1532)

SOIL WICKS AUSTRALIA LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JULY 2014

Application for approval of the Soil Wicks Australia Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 June 2014 by Soil Wicks Australia Pty Ltd for the approval of a single-enterprise agreement known as the Soil Wicks Australia Ltd Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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

Soil Wicks Australia Pty Ltd applied to the Fair Work Commission for the approval of the Soil Wicks Australia Ltd Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the company's employees, and the application was heard by the Commission in its general division. The legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the requirements of the Fair Work Act 2009. In particular, the Commission needed to determine whether the agreement provided for fair rates of pay, reasonable working hours, and adequate leave entitlements. The Commission found that the agreement provided for fair and reasonable terms of employment, and that it complied with the requirements of the Fair Work Act. The agreement provided for fair rates of pay, reasonable working hours, and adequate leave entitlements, and the Commission was satisfied that it was in the best interests of the employees. The Commission approved the agreement, and it will now be binding on the parties. The Court made no further orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established