DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transform Retail Projects Pty Ltd
(AG2015/732)

TRANSFORM RETAIL PROJECTS PTY LTD ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the Transform Retail Projects Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Transform Retail Projects Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Transform Retail Projects Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 1 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Transform Retail Projects Pty Ltd applied for approval of the Transform Retail Projects Pty Ltd Enterprise Agreement 2015-2018. The application was brought by the applicant in its capacity as an employer under the Fair Work Act 2009. The primary dispute centred on whether the enterprise agreement complied with the provisions of the Act and was in the best interests of the employees involved.

The court was required to determine whether the agreement met the statutory requirements for approval, including whether it complied with the good faith bargaining provisions, and if it provided fair and reasonable terms for the employees. The court also needed to assess whether the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act.

The court found that the Transform Retail Projects Pty Ltd Enterprise Agreement 2015-2018 complied with the statutory requirements for approval. It was determined that the agreement was the product of good faith bargaining and provided fair and reasonable terms for the employees. The court was satisfied that the agreement was in the best interests of the employees, and it complied with the relevant provisions of the Fair Work Act. Consequently, the court approved the agreement.

The final orders of the court were that the Transform Retail Projects Pty Ltd Enterprise Agreement 2015-2018 be approved, and it was registered with the Fair Work Commission. The agreement was to take effect from the date of registration and would govern the employment conditions of the employees covered by the agreement for the specified period.

Transform Retail 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