DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Xemplar Constructions Pty Ltd
(AG2016/6953)

XEMPLAR CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

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

Application for approval of the Xemplar Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Xemplar Constructions Pty Ltd 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 Xemplar Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Xemplar Constructions Pty Ltd for approval of the Enterprise Agreement 2016. The agreement was intended to cover employees under the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Commission.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it met the "better off overall test", and whether it included all mandatory terms as required by the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in accordance with the procedural requirements set out in the legislation.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2016 was fair and efficient, providing for reasonable terms and conditions of employment. The Commission determined that the agreement passed the "better off overall test" as it offered employees a mix of wage increases and other benefits that were considered to be equitable. The Commission also confirmed that the agreement contained all mandatory terms as required by the Act and was made in compliance with the procedural requirements. Consequently, the Commission approved and registered the Enterprise Agreement 2016.

The Fair Work Commission ordered that the Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. This registration will provide legal effect to the terms of the agreement, ensuring that both the employer and the employees are bound by its provisions.

Xemplar Constructions 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