DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uni-Span Australia Pty Ltd
(AG2017/6242)

UNI-SPAN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 APRIL 2018

Application for approval of the Uni-Span Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uni-Span Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uni-Span Australia 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 10 April 2018 and, in accordance with s.54, will operate from 17 April 2018. The nominal expiry date of the Agreement is 10 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uni-Span Australia Pty Ltd was involved in an application for the approval of an enterprise agreement. The case was heard by the Fair Work Commission. The dispute centred on the provisions of the proposed enterprise agreement and whether they complied with the requirements of the Fair Work Act 2009. The applicant sought to have the agreement registered as a certified agreement, which would make it binding on the parties.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it had been made in good faith and whether it was in the best interests of the employees. Additionally, the Commission had to consider if the agreement adequately protected the rights of employees and whether it complied with the relevant provisions of the Act.

In its decision, the Fair Work Commission outlined that the agreement did contain all the mandatory terms required by the Act and that it had been made in good faith. The Commission found that the agreement was in the best interests of the employees and that it adequately protected their rights. The Commission also noted that the agreement complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Uni-Span Australia Pty Ltd Enterprise Agreement 2017 and ordered that it be registered as a certified agreement.

Uni-Span Australia 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