DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ward Operations as TT for the Ward Family Trust T/A Ward Operations Pty Ltd
(AG2017/2758)

WARD OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Ward Operations Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ward Operations Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ward Operations as TT for the Ward Family Trust T/A Ward Operations 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.

[4] The Agreement was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ward Operations as trustee for the Ward Family Trust, applied for the Fair Work Commission's approval of the Ward Operations Pty Ltd Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The nature of the dispute was whether the agreement complied with the statutory requirements for enterprise agreements and if it was appropriately certified by the Australian Building and Construction Commission (ABCC).

The legal issues before the court were whether the agreement was made in good faith, whether it had been properly certified by the ABCC, and whether it contained the necessary provisions as required by the Fair Work Act 2009. The applicant argued that the agreement was made in good faith, had been certified appropriately, and contained all the necessary provisions. The court was required to determine if the agreement met the statutory requirements and if the certification process was correctly followed.

The Fair Work Commission considered the arguments presented and reviewed the agreement and the certification process. The court found that the agreement was made in good faith and that the certification by the ABCC was appropriate. The court also determined that the agreement contained all the necessary provisions as required by the Fair Work Act 2009. The Commission approved the Ward Operations Pty Ltd Enterprise Agreement 2017, finding it to be a protected action ballot agreement within the meaning of section 173 of the Act.

The court ordered the approval of the Ward Operations Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision was final and binding on all parties involved.

Ward Operations as TT for the Ward Family Trust T/A Ward Operations 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