DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Usher and Son Services Pty Ltd
(AG2015/5893)

USHER AND SON SERVICES PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Usher and Son Services Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Usher and Son Services Pty Ltd Employee 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 Usher and Son Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 13 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Usher and Son Services Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Usher and Son Services Pty Ltd Employee Enterprise Agreement 2015. The dispute arose between Usher and Son Services Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The primary issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for the fair and efficient resolution of workplace issues, and if it complied with the requirements for employee representation and consultation.

The court examined various provisions within the agreement, including those related to minimum wages, leave entitlements, dispute resolution mechanisms, and procedural fairness. It was critical to assess whether the agreement ensured a fair and efficient resolution of workplace issues and whether it was consistent with the broader principles of industrial relations law. The court also considered the implications of the agreement on the rights and obligations of both the employer and the employees, as well as its alignment with the Fair Work Act’s objectives.

After thorough deliberation, the Fair Work Commission determined that the Usher and Son Services Pty Ltd Employee Enterprise Agreement 2015 satisfied the statutory requirements for approval. The agreement was found to provide for fair and efficient resolution of workplace issues, with adequate provisions for employee representation and consultation. The court also noted that the agreement did not contain any provisions that were contrary to the public interest or that would undermine the rights of employees.

The court's decision was thus in favour of approving the agreement, which will now come into effect as a legally binding instrument governing the employment conditions of the employees within Usher and Son Services Pty Ltd. This outcome ensures that the terms of the agreement will be upheld, providing a framework for the fair and efficient resolution of any future workplace issues that may arise.

Usher and Son Services 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