Streets Ahead Maintenance Pty Ltd T/A Streets Ahead Maintenance

Case [2015] FWCA 975


[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

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412565  PR560908>

Details
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 applicant, Streets Ahead Maintenance, applied to the Fair Work Commission for approval of an enterprise agreement. The respondent, the Australian Manufacturing Workers' Union, represented the employees of the applicant. The dispute centred on the terms of the proposed agreement, particularly the conditions of employment for the employees. The court that heard the matter was the Fair Work Commission, which has jurisdiction over such matters.

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

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.