| [2015] FWCA 975 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Streets Ahead Maintenance Pty Ltd T/A Streets Ahead Maintenance
(AG2015/194)
STREETS AHEAD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2015
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 11 FEBRUARY 2015 |
Application for approval of the Streets Ahead Maintenance Employees Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Streets Ahead Maintenance Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Streets Ahead Maintenance Pty Ltd T/A Streets Ahead Maintenance. The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
[3] The Agreement is approved and, in accordance with s.54, will operate from 18 February 2015. The nominal expiry date of the Agreement is 10 February 2018.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Streets Ahead Maintenance Pty Ltd T/A Streets Ahead Maintenance [2015] FWCA 975
- Case
- [2015] FWCA 975
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission was required to decide included whether the agreement was genuinely negotiated, whether it met the requirements of the Fair Work Act, and whether it provided for a fair and reasonable outcome for both parties. The Commission also had to consider whether the agreement was consistent with the National Employment Standards and the relevant awards.
The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties. The Commission was satisfied that the agreement was consistent with the National Employment Standards and the relevant awards. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act.
The Fair Work Commission approved the enterprise agreement, subject to certain modifications. The modifications related to the calculation of penalty rates for certain types of work, and the provision of additional leave entitlements. The Commission noted that the modifications were necessary to ensure compliance with the Fair Work Act and the relevant awards. The applicant was required to implement the modifications within a specified timeframe.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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