Trustee for Estate Plastering Pty Ltd T/A Estate Plastering Pty Ltd

[2018] FWCA 1655

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Trustee for Estate Plastering Pty Ltd T/A Estate Plastering Pty Ltd

(AG2017/4689)

Estate Plastering Pty Ltd Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 21 MARCH 2018

Application for approval of the Estate Plastering Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Estate Plastering Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustee for Estate Plastering Pty Ltd T/A Estate Plastering Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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 28 March 2018. The nominal expiry date of the Agreement is 20 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Trustee for the Estate of Plastering Pty Ltd T/A Estate Plastering Pty Ltd, and the relevant employees' union. The dispute revolved around the application for approval of the Enterprise Agreement 2017. The Fair Work Commission was the court tasked with resolving this matter.

The primary legal issue before the court was whether the Enterprise Agreement 2017 complied with the relevant legislation, specifically the Fair Work Act 2009. The court had to examine the provisions of the agreement, ensuring they adhered to the necessary standards and conditions as outlined in the legislation. The court also needed to assess if the agreement was fair and reasonable for all parties involved.

The court determined that the Enterprise Agreement 2017 complied with the Fair Work Act 2009. The court found that the agreement contained all the required minimum terms and conditions, and the provisions were fair and reasonable for both the employer and the employees. The court took into account the negotiation process and the fairness of the terms agreed upon by the parties. Consequently, the court approved the Enterprise Agreement 2017.

The Fair Work Commission approved the Enterprise Agreement 2017, recognising it as compliant with the Fair Work Act 2009. The court's decision provided certainty and stability for both the Trustee for the Estate of Plastering Pty Ltd T/A Estate Plastering Pty Ltd and the relevant employees' union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established