DECISION

Fair Work Act 2009
s.185—Enterprise agreement

William S & Sonya J Morrell T/A WS & SJ Morrell
(AG2018/277)

WS AND SJ MORRELL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 MARCH 2018

Application for approval of the WS and SJ Morrell Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WS and SJ Morrell 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 William S & Sonya J Morrell T/A WS & SJ Morrell. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from William S & Sonya J Morrell T/A WS & SJ Morrell. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2018. The nominal expiry date of the Agreement is 26 March 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, William S and Sonya J Morrell, trading as WS & SJ Morrell, sought approval of the WS and SJ Morrell Enterprise Agreement 2017. The respondents were the unions representing the employees. The Fair Work Commission was tasked with deciding whether the agreement was in the interests of the employees. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it was not in the best interests of the employees.

The court had to determine whether the agreement met the statutory requirements for approval and whether it was fair and reasonable in all its aspects. The court considered the evidence presented by both parties, including the terms of the agreement and the submissions made by the unions. The court also had to consider whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court found that the agreement was fair and reasonable in all its aspects. The court noted that the agreement provided for a range of protections for employees, including minimum wages, leave entitlements, and provisions for redundancy. The court also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable level of protection and flexibility for both parties. The court approved the agreement, and it came into effect on 1 July 2017.

The court ordered that the agreement be approved and registered with the Fair Work Commission. The agreement was to apply to all employees of the applicants who were not covered by another registered agreement. The unions were given the right to apply for certified agreement bargaining lists, and the applicants were required to provide certain information to the Fair Work Commission.

William S & Sonya J Morrell T/A WS & SJ Morrell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established