DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Mechanical Services Pty Ltd
(AG2015/1195)

STATEWIDE MECHANICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019.

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 29 JUNE 2015

Application for approval of the Statewide Mechanical Services Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known asthe Statewide Mechanical Services Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Mechanical Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 6 July 2015. The nominal expiry date of the Agreement is 5 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Statewide Mechanical Services Pty Ltd sought approval of the Statewide Mechanical Services Pty Ltd Enterprise Agreement 2015-2019. The dispute was heard by the Fair Work Commission, where the applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements for "better off overall" and "in the national system interest" as outlined in the Act.

The key legal issue before the Commission was whether the agreement was fair and reasonable, and if it was in the national system interest. The applicant had to demonstrate that the agreement would be better off overall for the employees compared to the applicable award and that it would not have an adverse effect on the national system. The Commission had to assess the provisions of the agreement, the evidence presented, and the implications for the employees and the industry.

The Commission found that the agreement was fair and reasonable and met the requirements for "better off overall." It determined that the agreement would not have an adverse effect on the national system. The applicant had provided evidence showing that the agreement provided better terms and conditions for employees compared to the applicable award. The Commission was satisfied that the agreement would not undermine the national system by creating an unfair competitive advantage or by undermining the protections provided by the award. Therefore, the Commission approved the agreement under section 232 of the Act.

The Fair Work Commission approved the Statewide Mechanical Services Pty Ltd Enterprise Agreement 2015-2019, confirming that it met the requirements for "better off overall" and "in the national system interest." The agreement was deemed fair and reasonable, providing better terms and conditions for employees compared to the applicable award, and it would not have an adverse effect on the national system.

Statewide Mechanical Services 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