DECISION

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

Wallace Family Trust T/A Wallace Concrete Pumping
(AG2015/853)

WALLACE FAMILY TRUST T/AS WALLACE CONCRETE PUMPING ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MAY 2015

Application for approval of the Wallace Family Trust t/as Wallace Concrete Pumping Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known asthe Wallace Family Trust t/as Wallace Concrete Pumping Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallace Family Trust t/as Wallace Concrete Pumping (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 May 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Wallace Family Trust, trading as Wallace Concrete Pumping, applied to the Fair Work Commission for approval of the Enterprise Agreement 2015-2019. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically whether it provided for the minimum terms and conditions for employees and was free from prohibited content. The Fair Work Commission was tasked with determining these points.

The legal issues that came before the Commission involved examining the provisions of the Enterprise Agreement to ensure it aligned with the minimum standards set by the Fair Work Act. The Commission had to assess whether the agreement met the requirements for procedural fairness and if it contained any content that was not permitted under the legislation. This included ensuring that the agreement did not disadvantage employees or undermine the protections afforded to them by the Act.

In its decision, the Commission found that the Enterprise Agreement was procedurally fair and contained no prohibited content. The agreement was deemed to provide for the minimum terms and conditions of employment as required by the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be compliant with all relevant legal standards. The approval was granted, allowing the agreement to take effect as intended by the parties.

The final orders of the Commission were to approve the Wallace Family Trust t/as Wallace Concrete Pumping Enterprise Agreement 2015-2019. This decision provided clarity and certainty for the parties involved, ensuring that the agreement could proceed as negotiated, subject to the terms and conditions set out in the approved document.

Wallace Family Trust T/A Wallace Concrete Pumping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established