DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Anderson Commercial Plaster Trust T/A Anderson Commercial Plaster Pty Ltd
(AG2016/2749)

ANDERSON COMMERCIAL PLASTER PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2016

Application for approval of the Anderson Commercial Plaster Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Anderson Commercial Plaster Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Anderson Commercial Plaster Trust T/A Anderson Commercial Plaster Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 13 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of The Trustee for Anderson Commercial Plaster Trust T/A Anderson Commercial Plaster Pty Ltd, the Fair Work Commission was called upon to assess the application for the approval of the Anderson Commercial Plaster Pty Ltd Enterprise Agreement 2016. The agreement in question was submitted by the employer, who sought to have it registered with the commission, despite the absence of union representation among the employees. The application was opposed by the Australian Building Construction Employees and Builders Labourers Federation, an interested party.

The primary legal issue that the commission had to address was whether the enterprise agreement could be approved by the commission under section 233 of the Fair Work Act 2009, given that the employees were not represented by a union. This required the commission to consider the provisions of section 173 of the act, which mandates that an enterprise agreement must provide for a genuine bargaining process and meet certain minimum standards. The commission also needed to determine whether the agreement contained all the necessary provisions and complied with the procedural requirements set out in the act.

The commission, in its decision, examined the details of the agreement and the process through which it was negotiated. The commission found that the agreement had been negotiated in good faith and that it provided for fair terms and conditions of employment. The commission also noted that the agreement contained all the mandatory provisions required by the act and was consistent with the objectives of the Fair Work Act. After considering the evidence and submissions from both parties, the commission approved the application and registered the enterprise agreement. This decision was made in the interest of ensuring that the employees received fair terms and conditions of employment.

The final orders of the commission included the approval and registration of the Anderson Commercial Plaster Pty Ltd Enterprise Agreement 2016, effective from 1 July 2016. The commission also directed that a copy of the approved agreement be provided to the employer and the employees and that it be published on the Fair Work Commission's website. This decision provides a clear example of how the Fair Work Commission approaches applications for the approval of enterprise agreements and the factors it takes into account in making its decision.

The Trustee for Anderson Commercial Plaster Trust T/A Anderson Commercial Plaster 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