WMA Demolition

[2013] FWCA 2213

FAIR WORK COMMISSION

DECISION

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

WMA Demolition
(AG2013/788)

WILLIAM JOHN & MONIQUE ALLENDORF T/A WMA DEMOLITION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 APRIL 2013

Application for approval of the William John & Monique Allendorf T/A WMA Demolition Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 April 2013 by WMA Demolition for the approval of a single-enterprise agreement known as the William John & Monique Allendorf T/A WMA Demolition Enterprise Agreement 2013 (“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, William John and Monique Allendorf trading as WMA Demolition, sought approval of an enterprise agreement from the Fair Work Commission. The applicant submitted that the agreement was made in good faith and represented a genuine bargain between the parties. The respondent, the Australian Building and Construction Commission, contested the application on the basis that the agreement did not comply with the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith and whether it represented a genuine bargain between the parties. The Commission considered the evidence presented by both parties and determined that the agreement was made in good faith and represented a genuine bargain. The Commission found that the applicant had met the requirements of the Act and approved the enterprise agreement. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for employees, and that the applicant had demonstrated a commitment to good faith bargaining. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act. The modifications related to the process for resolving disputes between the parties and the procedures for making variations to the agreement. The Commission determined that these modifications were necessary to ensure that the agreement complied with the requirements of the Act and provided for a fair and effective system for resolving disputes. In summary, the Fair Work Commission approved the enterprise agreement submitted by the applicant, subject to certain minor modifications. The Commission found that the agreement was made in good faith and represented a genuine bargain between the parties, and that it provided for a fair and reasonable set of terms and conditions for employees. The modifications made to the agreement were necessary to ensure compliance with the requirements of the Act and to provide for an effective system for resolving disputes between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established