A Grade Earthworks Pty Ltd T/A A Grade Earthworks

Case [2019] FWCA 6996


[2019] FWCA 6996
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

A Grade Earthworks Pty Ltd T/A A Grade Earthworks
(AG2019/2851)

A GRADE EARTHWORKS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries

DEPUTY PRESIDENT BEAUMONT

PERTH, 10 OCTOBER 2019

Application for approval of the A Grade Earthworks Enterprise Agreement 2019.

[1] A Grade Earthworks Pty Ltd T/A A Grade Earthworks has made an application for the approval of an enterprise agreement known as the A Grade Earthworks Enterprise Agreement 2019(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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.

[5] The Agreement was approved on 10 October 2019 and, in accordance with s 54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 10 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505661  PR713184>

Annexure A

Details
AGLC
A Grade Earthworks Pty Ltd T/A A Grade Earthworks [2019] FWCA 6996
Case
[2019] FWCA 6996
Decision Date

CaseChat Overview and Summary

A Grade Earthworks Pty Ltd, trading as A Grade Earthworks, applied for approval of the A Grade Earthworks Enterprise Agreement 2019. The application was heard in the Fair Work Commission. The matter involved the proposed enterprise agreement's compliance with the requirements of the Fair Work Act 2009, specifically sections 226 and 230.

The primary legal issue before the court was whether the proposed enterprise agreement met all the necessary criteria for approval. This included examining if the agreement provided for fair and reasonable terms and conditions, if it was made in good faith, and if it included provisions for the resolution of disputes. The court also needed to determine whether the agreement provided for the protection of employees' rights and interests, including provisions for minimum wage rates, leave entitlements, and other standard terms and conditions of employment.

The Fair Work Commission found that the proposed enterprise agreement complied with all relevant provisions of the Fair Work Act. The agreement contained provisions for fair and reasonable terms and conditions, was made in good faith, and included mechanisms for the resolution of disputes. The court noted that the agreement also provided adequate protection for employees' rights and interests, including minimum wage rates, leave entitlements, and other standard terms and conditions of employment. As a result, the Fair Work Commission approved the A Grade Earthworks Enterprise Agreement 2019.

The Fair Work Commission's decision to approve the A Grade Earthworks Enterprise Agreement 2019 provides clarity and certainty for both the employer and employees regarding the terms and conditions of their employment. This outcome ensures that the agreement meets all legal requirements and provides fair and reasonable terms and conditions for the workforce.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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