William John & Monique Allendorf T/A Wma Demolition

[2022] FWCA 4262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

William John & Monique Allendorf T/A Wma Demolition

(AG2022/4860)

William John & Monique Allendorf t/a WMA Demolition Enterprise Agreement 2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 5 DECEMBER 2022

Application for approval of the William John & Monique Allendorf T/A Wma Demolition Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the William John & Monique Allendorf T/A Wma Demolition Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by William John & Monique Allendorf T/A Wma Demolition (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

William John and Monique Allendorf, trading as Wma Demolition, applied to the Fair Work Commission for the approval of the William John & Monique Allendorf T/A Wma Demolition Enterprise Agreement 2023. The dispute arose from the negotiation and content of this enterprise agreement, which sought to set the terms and conditions of employment for employees in their demolition business. The application was heard by Deputy President Smith, who was tasked with determining whether the agreement complied with the necessary legal standards.

The primary legal issues before the court involved the compliance of the agreement with the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement met the criteria for a "registerable" agreement under the Act. This included examining whether the agreement had been fairly negotiated, was free from any improper conduct, and whether it provided for minimum terms and conditions that were no less favourable than those set by the relevant award or registered agreement. The court also had to determine if the agreement adequately covered essential matters such as wages, hours of work, and other terms and conditions of employment.

Deputy President Smith reviewed the evidence and submissions from both parties. The court found that the agreement had been fairly negotiated and did not contain any terms that were less favourable than the minimum standards prescribed by the relevant award. The Deputy President also concluded that the agreement was comprehensive, covering all essential matters as required by the Act. Consequently, the court determined that the agreement was compliant with the legal requirements and approved the application. The final order was that the William John & Monique Allendorf T/A Wma Demolition Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established