Ultra Building Works Pty Ltd Summary

[2013] FWCA 981

FAIR WORK COMMISSION

DECISION

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

Ultra Building Works Pty Ltd
(AG2013/21)

ULTRA BUILDING WORKS PTY. LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 12 FEBRUARY 2013

Application for approval of the Ultra Building Works Pty. Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ultra Building Works Pty. Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The Commission also requested further information with respect to clause 7.9.4 of the Agreement and how this meets the better off overall test in regards to overtime taken as time off during ordinary hours. Subsequently an undertaking that this reference should be deleted as a term of the Agreement has been provided.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[6] The Agreement covers those employees in the classification structure at Appendix 1 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 19 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for approval of the Ultra Building Works Pty Ltd Enterprise Agreement 2012-2016. The applicant, Ultra Building Works, sought approval under the Fair Work Act 2009. The application involved the interpretation and application of the act's provisions concerning enterprise agreements, particularly focusing on the procedural and substantive requirements for their approval.

The legal issues before the FWC were whether the agreement met the procedural requirements for registration as stipulated in the Fair Work Act, and whether it contained terms and conditions that were consistent with the act's objectives. Specifically, the FWC needed to determine if the agreement was fairly made, contained the necessary minimum terms, and did not unfairly discriminate against any group of employees.

In delivering its decision, the FWC meticulously examined the procedural aspects of the agreement, ensuring that all necessary steps for its creation and submission were followed correctly. The FWC also evaluated the substantive content of the agreement to ascertain that it did not contain any terms that were contrary to the objectives of the Fair Work Act, such as unfairly disadvantaging any class of employees. The FWC found that the agreement complied with all procedural and substantive requirements, thereby confirming its approval.

The FWC approved the Ultra Building Works Pty Ltd Enterprise Agreement 2012-2016, finding it to be fairly made and in compliance with the Fair Work Act. The decision underscored the importance of adhering to the legislative framework governing enterprise agreements, ensuring that both procedural and substantive elements were properly addressed.

Ultra Building Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established