DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Standards Contracting Pty Ltd T/A Standards Contracting Pty Ltd as trustee for Standards Contracting Trust
(AG2018/1603)

STANDARDS CONTRACTING PTY LTD T/A STANDARDS CONTRACTING TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Standards Contracting Pty Ltd t/a Standards Contracting Trust Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Standards Contracting Pty Ltd t/a Standards Contracting Trust Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Standards Contracting Pty Ltd T/A Standards Contracting Pty Ltd as trustee for Standards Contracting Trust. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 5 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Standards Contracting Pty Ltd trading as Standards Contracting Pty Ltd as trustee for the Standards Contracting Trust, applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant, a small business, submitted the Standards Contracting Pty Ltd t/a Standards Contracting Trust Enterprise Agreement 2023 to the Commission. The applicant is a small business with fewer than 15 employees and submitted the agreement to the Commission in accordance with section 232 of the Fair Work Act 2009. The application for approval was made on 28 March 2023.

The applicant was required to demonstrate to the Commission that the agreement complied with the requirements of section 230 of the Act. The applicant needed to show that the agreement had been fairly negotiated and that it contained the prescribed minimum terms and conditions. The Commission also had to consider whether the agreement would have a detrimental effect on employees, and whether it was in the public interest to approve the agreement. The Commission also considered whether the agreement contained a genuine enterprise bargaining agreement.

The Commission found that the applicant had demonstrated that the agreement had been fairly negotiated. The agreement contained all the prescribed minimum terms and conditions, and the Commission was satisfied that it did not have a detrimental effect on employees. The Commission also found that the agreement was in the public interest and contained a genuine enterprise bargaining agreement. The Commission approved the agreement and made the necessary orders. The Commission ordered that the agreement be registered and be in force from the date of the Commission’s approval. The Commission also ordered that the agreement be published on the Commission’s website.

Standards Contracting Pty Ltd T/A Standards Contracting Pty Ltd as trustee for Standards Contracting Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established