DECISION

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

Ultra Building Works Pty Ltd
(AG2017/3574)

ULTRA BUIDLING WORKS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ultra Building Works Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ultra Building Works 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 18 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Ultra Building Works Pty Ltd applied for the approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2017-2021. The application was made under section 234 of the Fair Work Act 2009. The applicant sought to have the agreement approved as a registered agreement, which would provide a safety net of minimum terms and conditions for the employees covered by the agreement. The respondents to the application were two unions, the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Workers' Union. The unions opposed the approval of the agreement, arguing that it did not provide adequate protection for employees.

The legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it was in the best interests of the employees. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, penalties for breaches of the agreement, and dispute resolution mechanisms. The unions argued that the agreement did not provide adequate protection for employees, particularly in relation to pay rates and the dispute resolution mechanisms. The unions also argued that the agreement did not provide for adequate penalties for breaches of the agreement.

After considering the evidence and submissions from both parties, the Commission found that the agreement did not provide for adequate protection for employees in relation to pay rates and the dispute resolution mechanisms. The Commission also found that the agreement did not provide for adequate penalties for breaches of the agreement. The Commission therefore refused to approve the agreement. The Commission noted that the agreement contained some provisions that were in the best interests of the employees, but these were outweighed by the deficiencies in the agreement. The Commission also noted that the applicant had not provided sufficient evidence to demonstrate that the agreement was in the best interests of the employees.

The Commission's final orders were that the application for approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2017-2021 be refused. The Commission also ordered that the applicant provide written notice to all employees covered by the agreement of the refusal to approve the agreement. The Commission further ordered that the applicant take all reasonable steps to ensure that the agreement is not used to determine the terms and conditions of employment of any employee.

Ultra Building Works 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