Aggcon T/A Narrabri Labour Service

[2013] FWCA 7085

FAIR WORK COMMISSION

DECISION

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

Aggcon T/A Narrabri Labour Service
(AG2013/2477)

NARRABRI LABOUR SERVICE ENTERPRISE AGREEMENT FOR CIVIL CONSTRUCTION WORKERS

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Narrabri Labour Service Enterprise Agreement for Civil Construction Workers.

[1] An application has been made for approval of an enterprise agreement known as the Narrabri Labour Service Enterprise Agreement for Civil Construction Workers (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Aggcon, Trading as Narrabri Labour Service (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 25 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The applicant, Aggcon trading as Narrabri Labour Service, sought approval of the Narrabri Labour Service Enterprise Agreement for Civil Construction Workers. The applicant argued that the agreement was suitable for the workers in the civil construction industry and would benefit them. The matter was heard in the Fair Work Commission. The key legal issues for the Commission to decide were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the relevant regulations. The Commission considered the provisions of the Act and the arguments presented by both parties. It examined whether the agreement provided for fair and reasonable terms and conditions, including wages and other benefits, and whether it complied with the relevant industrial instruments.

The Commission found that the agreement met the necessary requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions for the workers, including appropriate wages and other benefits. The Commission also considered the views and submissions of the parties and found that the agreement was suitable for the workers in the civil construction industry. The Commission concluded that the agreement would benefit the workers and was in the best interests of the parties. The Commission approved the agreement and issued a certificate of registration under section 234 of the Act.

The Commission made orders approving the Narrabri Labour Service Enterprise Agreement for Civil Construction Workers. The orders included the registration of the agreement under section 173 of the Fair Work Act 2009. The Commission also ordered that the agreement would be in effect from the date of the decision and would remain in force until it was terminated or replaced by a new agreement. The Commission noted that the agreement would be binding on all parties covered by it, including employers, employees, and other relevant parties. The decision provides clarity on the requirements for approving enterprise agreements and sets a precedent for similar agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established