DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the E & M Family Trust T/A Mustang Building Services Pty Ltd
(AG2016/3887)

MUSTANG BUILDING SERVICE ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Mustang Building Service Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mustang Building Service Enterprise Agreement 2016 - 2020 (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 E & M Family Trust T/As Mustang Building Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 26 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Trustee for the E & M Family Trust trading as Mustang Building Services Pty Ltd, who sought approval of the Mustang Building Services Enterprise Agreement 2016 - 2020. The applicant argued that the agreement was appropriate for endorsement, claiming that it had been negotiated in good faith and was fair and reasonable. The applicant sought to ensure that the agreement would be approved as a registered agreement, as it sought to maintain a fair and efficient workplace.

The central legal issue that the Commission needed to resolve was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been genuinely negotiated, and if it was fair and reasonable, taking into account the various factors outlined in the legislation. Additionally, the Commission needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission examined the evidence and submissions provided by both parties and concluded that the Mustang Building Services Enterprise Agreement 2016 - 2020 met the necessary criteria for approval. The Commission found that the agreement had been genuinely negotiated and was fair and reasonable, taking into account the factors outlined in the legislation. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes, and it contained provisions that were consistent with the objectives of the Fair Work Act. As a result, the Commission approved the agreement and determined that it would be registered as a certified agreement.

In light of the above findings, the Fair Work Commission approved the Mustang Building Services Enterprise Agreement 2016 - 2020 and determined that it would be registered as a certified agreement. The Commission's decision was based on its conclusion that the agreement had been genuinely negotiated and was fair and reasonable, taking into account the relevant factors outlined in the Fair Work Act. The Commission's approval of the agreement ensures that the parties will be bound by its terms and conditions, providing a stable and predictable framework for their industrial relations.

The Trustee for the E & M Family Trust T/A Mustang Building Services 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