DECISION

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

A1 Earthworx Mining & Civil Pty Ltd
(AG2019/1196)

A1 EARTHWORX MINING AND CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the A1 Earthworx Mining and Civil Pty Ltd and Employees Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by A1 Earthworx Mining & Civil Pty Ltd (the applicant) for the approval of an enterprise agreement known as the A1 Earthworx Mining and Civil Pty Ltd and Employees Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 4 July 2019. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the A1 Earthworx Mining and Civil Pty Ltd and Employees Enterprise Agreement 2019-2023. The dispute arose when the Australian Workers' Union, representing the employees, sought approval for the enterprise agreement under the Fair Work Act 2009. The parties disagreed on several terms and conditions outlined in the agreement, leading to the need for judicial intervention.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to assess if the agreement complied with the procedural requirements, including whether it was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the court examined whether the agreement met the "better off overall test," which requires that employees are not disadvantaged by the terms of the agreement compared to the applicable awards or other agreements.

After a thorough review of the arguments presented by both parties and the provisions of the agreement, the court found that the A1 Earthworx Mining and Civil Pty Ltd and Employees Enterprise Agreement 2019-2023 met all the necessary criteria for approval. The court concluded that the agreement was made in good faith and provided for a fair and efficient workplace. Furthermore, it determined that the agreement satisfied the better off overall test, ensuring that employees would not be worse off under the new agreement.

The court approved the enterprise agreement, allowing it to come into effect as per the terms outlined. The decision was made in the interest of maintaining fair and efficient workplace relations, ensuring that both the employees and the employer could operate under a mutually agreed set of terms and conditions.

A1 Earthworx Mining & Civil 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