Ultimate Equipment Pty Ltd Summary

[2014] FWCA 7663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ultimate Equipment Pty Ltd
(AG2014/7617)

ULTIMATE EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the Ultimate Equipment Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Ultimate Equipment Pty Ltd Enterprise Agreement 2014-2018 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union Port Kembla, South Coast & Southern Highlands Branch (the Union) have given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Ultimate Equipment Pty Ltd applied for approval of the Enterprise Agreement 2014-2018, which had been negotiated with the employees' union. The company argued that the agreement was fair and reasonable, and in line with the Fair Work Act 2009. The union supported the application, but the Australian Council of Trade Unions opposed it on the grounds that it did not meet the fairness test.

The central issue before the court was whether the enterprise agreement was fair and reasonable. This required the court to consider whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. The court examined the process through which the agreement was negotiated and whether it provided for a fair and reasonable outcome for both parties. The court also considered whether the agreement provided for a fair and reasonable outcome for employees, including whether it provided for adequate pay and conditions.

The court found that the agreement was fair and reasonable. It noted that the agreement had been negotiated in good faith and provided for a fair and reasonable outcome for both parties. The court also found that the agreement provided for a fair and reasonable outcome for employees, including adequate pay and conditions. The court was satisfied that the agreement met the statutory requirements set out in the Fair Work Act 2019 and approved it.

The court's decision to approve the Enterprise Agreement 2014-2018 provides certainty for both the company and the employees. The agreement provides for a fair and reasonable outcome for both parties and ensures that employees receive adequate pay and conditions. The court's decision also provides guidance for future negotiations between the parties and helps to promote industrial harmony.

Ultimate Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established