CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uni-Span Height Safety Pty Ltd
(AG2016/2716)

UNI-SPAN HEIGHT SAFETY PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 MAY 2016

Application for approval of the Uni-Span Height Safety Pty Ltd Enterprise Agreement 2016.

The decision issued by the Fair Work Commission on 5 May 2016 [2016] FWCA 2795 is corrected as follows:

1. By deleting the last sentence in paragraph [4] and replacing it with the following :

“The nominal expiry date of the Agreement is 4 May 2020.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Uni-Span Height Safety Pty Ltd applied for approval of their Enterprise Agreement 2016 under the Fair Work Act 2009. The agreement aimed to regulate employment terms and conditions for their employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act, including the criteria for an "enterprise agreement" and whether it complied with the "better off overall test".

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory framework, specifically whether it met the definition of an "enterprise agreement" under the Fair Work Act, and whether it passed the "better off overall test". This test requires that the agreement must be at least as good as the applicable award or modern award, and no employee should be worse off overall as a result of the agreement. The Commission had to examine the terms of the agreement, including wages, hours of work, leave provisions, and other conditions of employment, to ensure they met these criteria.

The Fair Work Commission approved the Uni-Span Height Safety Pty Ltd Enterprise Agreement 2016, finding it to be compliant with the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it passed the "better off overall test". The Commission highlighted that the agreement included provisions for wages, allowances, and other conditions that were at least as good as, or better than, those provided for in the relevant awards. The Commission also found that no employee would be worse off as a result of the agreement, thereby satisfying the statutory requirements.

The final orders of the Commission included the correction of a typographical error in the initial decision, specifying the correct nominal expiry date of the agreement as 4 May 2020. The approval of the agreement meant that it would now be legally binding between Uni-Span Height Safety Pty Ltd and their employees, effective from the date of approval.

Uni-Span Height Safety Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established