DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Projects Pty Ltd
(AG2015/6051)

SUPERIOR PROJECTS PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 NOVEMBER 2015

Application for approval of the Superior Projects Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 November 2015 by Superior Projects Pty Ltd for the approval of a single-enterprise agreement known as the Superior Projects Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] On 16 November 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

Superior Projects Pty Ltd is before the Fair Work Commission, an Australian industrial relations tribunal, in an application for the approval of an enterprise agreement. The dispute involves the proposed Enterprise Agreement 2015, which the company seeks to have recognised and enforced as a legally binding agreement between the employer and its employees. The primary contention centres on whether the agreement meets the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, bargaining obligations, and procedural fairness.

The central legal issues addressed by the Commission were whether the agreement contained all the mandated terms and conditions, whether it adhered to the procedural requirements for bargaining, and if it complied with the statutory minimum standards. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if it provided for adequate minimum rates of pay and conditions of employment. The Commission also had to assess if the necessary steps were taken to inform and consult employees and if the agreement was fairly presented to the workforce.

In its decision, the Commission examined the evidence provided regarding the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and contained all the required terms and conditions. It confirmed that the agreement provided for minimum rates of pay and conditions that met or exceeded statutory minimum standards. Additionally, the Commission was satisfied that the procedural requirements for bargaining were followed, including adequate consultation and information processes. Consequently, the Commission approved the Enterprise Agreement 2015, finding it to be a lawful and fair agreement.

Superior Projects 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