DECISION

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

Spantech Pty Ltd
(AG2015/959)

SPANTECH PTY LTD ENTERPRISE AGREEMENT - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 JUNE 2015

Application for approval of the Spantech Pty Ltd Enterprise Agreement - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 April 2015 by Spantech Pty Ltd for the approval of a single-enterprise agreement known as the Spantech Pty Ltd Enterprise Agreement - 2015(“the Agreement”).

[2] On 2 June 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

In the Fair Work Commission, Spantech Pty Ltd was the subject of an application for the approval of the Spantech Pty Ltd Enterprise Agreement - 2015. The application was brought by the employer, Spantech Pty Ltd, seeking the Commission's approval of the enterprise agreement, which aimed to regulate the terms and conditions of employment for the company's employees. The dispute centred around the provisions of the proposed agreement and whether they complied with the relevant statutory framework.

The central legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the good faith bargaining requirements, if it provided for a safety net of minimum terms and conditions, and if it contained any provisions that were contrary to public policy or unjust. The Commission also considered whether the agreement had been fairly and genuinely negotiated between the employer and the employees' representatives.

After reviewing the evidence and arguments presented by both parties, the Commission found that the proposed enterprise agreement was made in good faith, provided for a safety net of minimum terms and conditions, and did not contain any provisions that were contrary to public policy or unjust. The Commission was satisfied that the agreement had been fairly and genuinely negotiated between the employer and the employees' representatives. Consequently, the Commission approved the Spantech Pty Ltd Enterprise Agreement - 2015, effective from the date of the decision.

Spantech 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