DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workfast Marketplace Pty Ltd
(AG2017/3954)

WORKFAST MARKETPLACE PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Workfast Marketplace Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Workfast Marketplace Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workfast Marketplace Pty Ltd T/A Workfast. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 9 February 2018 and, in accordance with s.54, will operate from 16 February 2018. The nominal expiry date of the Agreement is 8 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Workfast Marketplace Pty Ltd sought approval of its enterprise agreement under section 172 of the Fair Work Act 2009. The Fair Work Commission was the tribunal before which the application was made. The dispute centered on whether the enterprise agreement met the requirements for registration under the Fair Work Act, specifically concerning the coverage of employees and the process by which the agreement was made.

The legal issues that the Commission had to decide included whether the agreement was made in accordance with the Act's requirements and whether it covered employees who were part of a relevant bargaining unit. Additionally, the Commission considered whether the agreement provided for the proper protection of employees' interests, including matters such as minimum rates of pay, maximum hours of work, and other conditions of employment.

In its decision, the Commission found that the agreement was made in good faith and without coercion, and that it covered all employees within the relevant bargaining unit. The Commission also determined that the agreement provided for the proper protection of employees' interests and met the requirements for registration under the Act. The Commission approved the enterprise agreement, allowing it to be registered and enforced as a binding award. The final orders included the approval of the Workfast Marketplace Pty Ltd Enterprise Agreement 2017 - 2021, with the agreement to be registered with the Fair Work Commission.

Workfast Marketplace Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established