DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultimate Equipment Pty Ltd
(AG2020/1975)

ULTIMATE EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2020 -2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 JULY 2020

Application for approval of the Ultimate Equipment Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Ultimate Equipment Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ultimate Equipment 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 21 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ultimate Equipment Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, dated between 2020 and 2024, was negotiated with the Australian Manufacturing Workers' Union (AMWU) acting on behalf of its members, the employees. The dispute centred around the enforceability and fairness of certain clauses within the agreement, particularly those relating to wage increases and working conditions.

The primary legal issues before the FWC were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and on a proper basis. The FWC had to determine if the agreement met the criteria for being a "simple" agreement and assess the fairness of the terms and conditions it proposed. This included examining the process by which the agreement was negotiated and whether it was free from any improper influences.

The FWC found that the agreement was procedurally sound, having been negotiated in good faith and without any coercion or undue influence. It was also determined that the agreement met the requirements for being a simple agreement, as defined in the Fair Work Act. The FWC examined the wage increases and working conditions stipulated in the agreement and concluded that they were fair and reasonable, taking into account the economic context and the needs of both parties. Consequently, the FWC approved the agreement, finding it to be compliant with the statutory requirements and fair in its terms.

The FWC's final order was to approve the Ultimate Equipment Pty Ltd Enterprise Agreement 2020-2024 in its entirety. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees for the specified period. This decision provided certainty for both the employer and the employees, ensuring that the terms of their employment were legally recognised and enforceable.

Ultimate Equipment 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