DECISION

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

William John & Monique Allendorf T/A WMA Demolition
(AG2019/3477)

WILLIAM JOHN & MONIQUE ALLENDORF T/AS WMA DEMOLITION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 DECEMBER 2019

Application for approval of the William John & Monique Allendorf t/as WMA Demolition Enterprise Agreement 2019.

[1] William John & Monique Allendorf T/A WMA Demolition (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the William John & Monique Allendorf t/as WMA Demolition Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 11 December 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved William John and Monique Allendorf, trading as WMA Demolition, who sought approval for the Enterprise Agreement 2019. The dispute arose within the Fair Work Commission, which had to decide on the application for approval of the agreement. The applicants argued that the proposed agreement was fair and reasonable, while some stakeholders contended that certain provisions did not meet the legal standards required for approval.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This included assessing whether the agreement provided for fair terms and conditions, including minimum rates of pay, reasonable hours of work, and appropriate allowances. The Commission also considered whether the agreement allowed for genuine consultation and negotiation between the parties and if it included necessary dispute resolution mechanisms.

In delivering its decision, the Commission carefully reviewed the content of the proposed agreement against the legislative framework. It found that the agreement contained provisions that did not align with the requirements for minimum standards of pay and conditions. However, after considering the submissions from both parties and the broader context, the Commission concluded that the agreement, with some modifications, could be approved as it substantially met the fairness and reasonableness criteria. The Commission made specific orders for amendments to certain provisions to ensure compliance with the law.

Following these findings, the Commission approved the Enterprise Agreement 2019, subject to the stipulated modifications. These changes were intended to rectify the non-compliant aspects while preserving the overall intent of the agreement. The final orders required the applicants to implement the approved agreement, which included the necessary amendments, and to notify all affected employees of these changes.

William John & Monique Allendorf T/A WMA Demolition

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established