DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Grade Earthworks Pty Ltd T/A A Grade Earthworks
(AG2015/2334)

A GRADE EARTHWORKS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2015

Application for approval of the A Grade Earthworks Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the A Grade Earthworks Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A Grade Earthworks Pty Ltd T/A A Grade Earthworks. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 14 April 2015 and, in accordance with s.54, will operate from 21 April 2015. The nominal expiry date of the Agreement is 14 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A Grade Earthworks Pty Ltd, trading as A Grade Earthworks, filed an application for approval of the A Grade Earthworks Enterprise Agreement 2015. The application was heard by the Fair Work Commission, with the primary focus being on the fairness of the agreement's terms. The dispute centred around whether the agreement complied with the Fair Work Act 2009, particularly in terms of ensuring employees were not disadvantaged by the agreement’s provisions.

The key legal issues addressed by the Commission involved whether the agreement provided for appropriate minimum terms, including wages and conditions, and whether the agreement was made in good faith and involved genuine bargaining. The Commission also examined if the agreement was free from any unfair content and whether it provided a safety net for employees. Additionally, the Commission had to determine if the agreement adequately covered the relevant employees and if it met the requirements for being a single, effective, and workable agreement.

In reaching its decision, the Fair Work Commission examined the process through which the agreement was made, the extent of the bargaining, and the content of the agreement itself. The Commission considered submissions from both parties and evaluated the fairness of the agreement in light of the statutory criteria. Ultimately, the Commission found that the agreement met the necessary standards and was in the best interests of the employees. The Commission approved the application, determining that the agreement was fair and met all the statutory requirements. The final orders included the approval of the enterprise agreement, which would now be binding on the employees and the employer.

A Grade Earthworks Pty Ltd T/A A Grade Earthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established