DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uni-Span Industrial Services Pty Ltd T/A Uni-Span Industrial Services
(AG2016/1013)

UNI-SPAN INDUSTRIAL SERVICES PTY LTD, NSW ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MAY 2016

Application for approval of the Uni-span Industrial Services Pty Ltd, NSW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Uni-span Industrial Services Pty Ltd, NSW Enterprise Agreement 2016 (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 Industrial Services Pty Ltd T/A Uni-Span Industrial Services. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 22 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Uni-Span Industrial Services Pty Ltd, trading as Uni-Span Industrial Services, applied to the Fair Work Commission for approval of their 2016 NSW Enterprise Agreement. The application was made under section 230 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union and the Australian Workers' Union. The primary dispute centred on the terms and conditions of employment for employees covered by the proposed agreement, specifically the classification of employees, their wages, and the implications of the agreement for existing industrial awards.

The court was tasked with determining whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it met the "better off overall test". The court also had to consider whether the agreement was made in good faith and whether it provided for the proper operation of businesses. Additionally, the court examined whether the agreement unfairly disadvantaged any group of employees and whether it contained any provisions that were contrary to public policy.

The Fair Work Commission found that the proposed agreement did not comply with the statutory requirements of the Fair Work Act. The commission found that the agreement did not provide for fair and reasonable terms and conditions, and that it did not meet the better off overall test. The commission also found that the agreement was not made in good faith and that it contained provisions that were contrary to public policy. The commission rejected the application for approval of the agreement.

The Fair Work Commission ordered that the application for approval of the Uni-Span Industrial Services Pty Ltd, NSW Enterprise Agreement 2016 be rejected. The commission found that the agreement did not provide for fair and reasonable terms and conditions, and that it did not meet the statutory requirements of the Fair Work Act. The commission also found that the agreement was not made in good faith and that it contained provisions that were contrary to public policy. The commission rejected the application for approval of the agreement and ordered that it be notified to the parties.

Uni-Span Industrial Services Pty Ltd T/A Uni-Span Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established