DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William John & Monique Allendorf T/A WMA Demolition
(AG2016/6552)

WILLIAM JOHN & MONIQUE ALLENDORF T/AS WMA DEMOLITION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the William John & Monique Allendorf T/as WMA Demolition Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the William John & Monique Allendorf T/as WMA Demolition 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 William John & Monique Allendorf T/As WMA Demolition. 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 is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, William John and Monique Allendorf trading as WMA Demolition, sought approval of the William John & Monique Allendorf T/as WMA Demolition Enterprise Agreement 2016. The respondent, Demolition Operatives Union of Australia NSW/ACT Branch, objected to the application on several grounds. The dispute centred around the terms and conditions of employment for demolition workers under the proposed agreement, including wages, hours of work, and other employment-related matters.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the Commission had to determine if the agreement met the requirements for "modern awards" and if it provided appropriate protections for employees. The Commission also had to consider if the agreement adequately reflected the parties' genuine agreement and if it was free from any unfair elements.

The Fair Work Commission, after considering the submissions and evidence from both parties, found that the proposed agreement generally complied with the statutory requirements. The Commission acknowledged that while some aspects of the agreement could be improved, they did not reach a level that would render the agreement invalid. The Commission determined that the agreement was a genuine agreement between the parties and was not adversely affecting the employees' terms and conditions of employment. Therefore, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the William John & Monique Allendorf T/as WMA Demolition Enterprise Agreement 2016 to be registered, subject to certain conditions. These conditions included ensuring that the agreement was accessible to all employees and that any disputes arising from the agreement were to be referred to the Commission for resolution. The Commission's decision provides clarity for the parties and sets a precedent for similar agreements in the industry.

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