Abigroup Contractors Pty Ltd Summary

[2013] FWCA 536

FAIR WORK COMMISSION

DECISION

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

Abigroup Contractors Pty Ltd
(AG2012/13102)

ABIGROUP CONTRACTORS PTY LTD - CFMEU - NORTHERN REGION BUILDING DIVISION - ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 29 JANUARY 2013

Application for approval of the Abigroup Contractors Pty Ltd - CFMEU - Northern Region Building Division - Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Abigroup Contractors Pty Ltd - CFMEU - Northern Region Building Division - Enterprise Agreement 2012-2015. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abigroup Contractors Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Abigroup Contractors Pty Ltd was involved in an application for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union – Northern Region Building Division. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The union represented the employees of Abigroup Contractors Pty Ltd, and the dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the Fair Work Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith and without coercion, and whether it complied with the provisions of the Fair Work Act. The commission had to consider the balance of rights and obligations between the employer and the employees, and whether the agreement facilitated a productive workplace relationship.

In reaching its decision, the Fair Work Commission examined the content of the enterprise agreement, the negotiation process, and the evidence provided by both parties. The commission concluded that the agreement was fair and reasonable, was made in good faith, and did not contain any terms that would be detrimental to the employees. The commission found that the agreement met the statutory requirements and approved it accordingly. The final orders included the approval of the Abigroup Contractors Pty Ltd - CFMEU - Northern Region Building Division - Enterprise Agreement 2012-2015, effective from the date of the decision.

Abigroup Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established