DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Bolton Family Trust T/A Distinct Carpentry
(AG2014/10506)

DISTINCT CARPENTRY ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the Distinct Carpentry Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Distinct Carpentry Enterprise Agreement 2014 (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 the Bolton Family Trust T/A Distinct Carpentry. 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 is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 13 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the trustee of the Bolton Family Trust, trading as Distinct Carpentry, and the Fair Work Commission. The dispute centred around the application for the approval of the Distinct Carpentry Enterprise Agreement 2014. The applicant sought to have this agreement recognised and enforced as a legally binding document under the Fair Work Act 2009. The Fair Work Commission had initially certified the agreement, but the trustee challenged this decision, arguing that the agreement did not meet the necessary criteria for approval.

The primary legal issues before the court were whether the Fair Work Commission had correctly certified the enterprise agreement and whether the agreement itself was fair and reasonable. The court needed to determine if the agreement was genuinely negotiated, reflected the terms of employment accurately, and provided for the protection of employee rights. Additionally, the court examined if the agreement adhered to the statutory requirements set forth in the Fair Work Act.

In its reasoning, the court found that the Fair Work Commission had correctly certified the enterprise agreement. The court was satisfied that the agreement was genuinely negotiated between the parties, reflected the terms of employment accurately, and provided for the protection of employee rights. The court also held that the agreement adhered to the statutory requirements of the Fair Work Act, including provisions for minimum wages and conditions, and did not disadvantage employees in a manner inconsistent with the Act. As a result, the court approved the application for the agreement's approval.

The final orders of the court were that the Distinct Carpentry Enterprise Agreement 2014 be approved and recognised as a certified agreement under the Fair Work Act 2009. The agreement was to be enforced as a legally binding document between the employer and the employees, effective from the date of the court's decision.

The Trustee for the Bolton Family Trust T/A Distinct Carpentry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established