| [2018] FWCA 4998 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Traleen Enterprises Pty Ltd T/As L&M Painting Services and L&M Construction Services
(AG2018/2734)
Traleen Enterprises Pty Ltd Enterprise Agreement 2018
| Building, metal and civil construction industries | |
| Commissioner Wilson | MELBOURNE, 28 August 2018 |
Application for approval of the Traleen Enterprises Pty Ltd Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Traleen Enterprises Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traleen Enterprises Pty Ltd T/As L&M Painting Services and L&M Construction Services. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 27 August 2022.
COMMISSIONER
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Annexure A
- AGLC
- Traleen Enterprises Pty Ltd T/As L&M Painting Services and L&M Construction Services [2018] FWCA 4998
- Case
- [2018] FWCA 4998
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the provisions of the Fair Work Act, and whether it adequately addressed the rights and entitlements of the employees. The Commission also considered whether the agreement was made in good faith and whether it met the requirements for a modern award, such as providing for minimum rates of pay, penalties for non-compliance, and procedural fairness.
The Fair Work Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement met the necessary standards under the Fair Work Act, including providing for minimum rates of pay, procedural fairness, and other essential employee entitlements. The Commission further found that the agreement complied with the requirements for a modern award and did not adversely affect the rights and conditions of the employees. As a result, the Commission approved the Traleen Enterprises Pty Ltd Enterprise Agreement 2018.
The Fair Work Commission's decision was that the Traleen Enterprises Pty Ltd Enterprise Agreement 2018 was approved and met the necessary standards and criteria for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, complied with the provisions of the Fair Work Act, and adequately addressed the rights and entitlements of the employees. The Commission's decision provided clarity and certainty for the parties involved and established a framework for future negotiations and agreements between the employer and the union.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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