DECISION

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

Unitech Building Services Pty Ltd
(AG2015/3642)

UNITECH BUILDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 JULY 2015

Application for approval of the Unitech Building Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Unitech Building Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unitech Building Services Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Unitech Building Services Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Unitech Building Services Pty Ltd Enterprise Agreement 2015. The application for approval was lodged by Unitech, a company in the building services industry, and the Australian Building and Construction Employees and Builders Labourers Federation (ABCEF), an industrial union. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement and whether they met the legal requirements for approval under the Fair Work Act 2009. The Commission, presided over by Commissioner J. Smith, was tasked with determining if the agreement complied with the procedural and substantive requirements for approval.

The legal issues that the Commission needed to resolve included whether the agreement was genuinely negotiated between the parties, whether it contained the minimum terms and conditions as required by the Fair Work Act, and whether the agreement had been certified by the Australian Building and Construction Commission (ABCC) in accordance with the relevant legislative provisions. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and whether it was consistent with the principles of the Fair Work Act. The Commission needed to ensure that the agreement did not unfairly disadvantage any party and that it facilitated a productive and harmonious workplace.

The Commission conducted a thorough examination of the agreement, considering the evidence provided by both parties and the submissions made during the hearing. Commissioner Smith found that the agreement had been genuinely negotiated and contained the necessary minimum terms and conditions. The Commission also confirmed that the agreement had been certified by the ABCC as required by law. After weighing the evidence and arguments, the Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. The Commission approved the Unitech Building Services Pty Ltd Enterprise Agreement 2015, allowing it to come into effect from the date of the decision.

The final orders of the Commission included the approval of the Unitech Building Services Pty Ltd Enterprise Agreement 2015, which was to be registered with the Fair Work Commission. The agreement was to apply to all employees of Unitech who were covered by the agreement, and it was to remain in force until 30 June 2020, or until terminated or varied in accordance with its provisions. The Commission's decision ensured that the employees of Unitech would be governed by the terms and conditions set out in the approved agreement, providing them with a clear understanding of their rights and obligations in the workplace.

Unitech Building Services Pty Ltd

DECISION

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Legal Principle Established