Wood and Wood Sign Systems Australasia Pty Ltd

[2014] FWCA 6937

FAIR WORK COMMISSION

DECISION

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

Wood and Wood Sign Systems Australasia Pty Ltd
(AG2014/7543)

WOOD AND WOOD SIGN SYSTEMS AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 OCTOBER 2014

Application for approval of the Wood and Wood Sign Systems Australasia Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 September 2014 by Wood and Wood Sign Systems Australasia Pty Ltd for the approval of a single-enterprise agreement known as the Wood and Wood Sign Systems Australasia Pty Ltd Enterprise Agreement 2014 - 2017(“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

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CaseChat Overview and Summary

The applicant, Wood and Wood Sign Systems Australasia Pty Ltd, sought approval of their Enterprise Agreement 2014-2017 in the Fair Work Commission. The application involved the standard terms and conditions of employment for employees within the company, including issues related to wages, hours of work, leave provisions, and other employment-related matters. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for a safety net of minimum entitlements, whether it included provisions for the negotiation of future agreements, and whether the agreement was made in good faith. Additionally, the Commission needed to consider whether the agreement complied with the requirements of the Fair Work Act, including provisions for minimum wages, leave entitlements, and other employment standards. The Commission also had to assess whether the agreement was made without coercion and whether it included adequate consultation processes.

The Commission found that the Enterprise Agreement met the statutory requirements for approval. The agreement provided for a safety net of minimum entitlements, which were no less favourable than the applicable awards or the National Employment Standards. The agreement also contained provisions for future negotiations and was made in good faith. The Commission was satisfied that the agreement was made without coercion and included adequate consultation processes. Therefore, the Fair Work Commission approved the application for the Enterprise Agreement 2014-2017.

The Fair Work Commission approved the Enterprise Agreement 2014-2017, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees of Wood and Wood Sign Systems Australasia Pty Ltd are governed by the agreed-upon provisions, subject to the statutory requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established