DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Ceilings and Fitout Pty Ltd
(AG2016/6773)

WA CEILINGS AND FITOUT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the WA Ceilings and Fitout Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WA Ceilings and Fitout Pty Ltd 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 WA Ceilings and Fitout 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 November 2016 and, in accordance with s.54, will operate from 7 December 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of WA Ceilings and Fitout Pty Ltd, the applicant sought approval for the Enterprise Agreement 2016 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which must determine whether the agreement meets the requirements of the Act, including that it facilitates the improvement of workplace relations and provides for the fair and efficient determination of terms and conditions of employment. The dispute centred on the provisions of the agreement regarding penalty rates for work performed on public holidays.

The central legal issues before the Commission were whether the agreement appropriately balanced the interests of employees and employers, particularly in relation to penalty rates for work on public holidays. The applicant argued that the agreement was fair and efficient, while opponents contended that the penalty rates were insufficient and did not adequately compensate employees for working on public holidays.

The Fair Work Commission considered the principles of fairness, efficiency, and the importance of improving workplace relations. It noted that the agreement provided for a reasonable adjustment to standard rates for work on public holidays, which was consistent with industry standards. The Commission concluded that the agreement met the requirements of the Act and approved it. It found that the penalty rates, while not the highest available, were fair and did not unduly disadvantage employees or employers.

The Fair Work Commission approved the Enterprise Agreement 2016, determining that it was fair and efficient and facilitated improved workplace relations. This decision set a precedent for similar agreements in the industry, balancing the interests of both parties in a manner that was deemed appropriate by the Commission.

WA Ceilings and Fitout 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