DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ulex Constructions Pty Ltd
(AG2016/7407)

ULEX CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2017

Application for approval of the Ulex Constructions Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ulex Constructions Pty Ltd 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 Ulex Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 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.

[4] The Agreement was approved on 27 January 2017 and, in accordance with s.54, will operate from 3 February 2017. The nominal expiry date of the Agreement is 27 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Ulex Constructions Pty Ltd was the subject of an application for the approval of the Ulex Constructions Pty Ltd Enterprise Agreement 2016 - 2020. The applicant, Ulex Constructions Pty Ltd, sought to have the proposed enterprise agreement certified as a low-paid industry agreement. The Australian Manufacturing Workers' Union was the other party to the application.

The central legal issue for the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and could be approved as a low-paid industry agreement. Specifically, the Commission needed to determine if the agreement met the criteria for low-paid industry agreements, including whether it provided for minimum rates of pay, entitlements, and conditions that were no less favourable than those provided for in the relevant award or safety net award. The Commission also considered whether the agreement had been made in good faith and without coercion.

The Fair Work Commission concluded that the proposed agreement met the requirements for a low-paid industry agreement. The Commission found that the agreement provided for minimum rates of pay, entitlements, and conditions that were no less favourable than those in the relevant award or safety net award. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it complied with all relevant provisions of the Fair Work Act 2009. Accordingly, the Commission approved the proposed agreement as a low-paid industry agreement.

The Commission's decision was that the Ulex Constructions Pty Ltd Enterprise Agreement 2016 - 2020 be approved as a low-paid industry agreement. The approval took effect from the date of the Commission's decision, and the agreement was registered on the Register of Approved Agreements.

Ulex Constructions 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