Antoun Civil Engineering Australia Pty Ltd Summary

[2014] FWCA 4685

FAIR WORK COMMISSION

DECISION

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

Antoun Civil Engineering Australia Pty Ltd
(AG2014/6254)

ANTOUN CIVIL ENGINEERING (AUST) PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the Antoun Civil Engineering (Aust) Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Antoun Civil Engineering (Aust) Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Antoun Civil Engineering Australia Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 7 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Construction Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] 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 of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Antoun Civil Engineering Australia Pty Ltd was the subject of an application for the approval of an enterprise agreement with its employees. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly whether it provided for the fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was genuinely negotiated. The Commission had to consider whether the agreement met the statutory requirements of the Fair Work Act, including the provision of procedural fairness to the employees. The Commission also had to determine whether the agreement was in the best interests of the employees, and whether it provided for the fair and reasonable terms and conditions of employment.

The Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees and that it provided for procedural fairness. The Commission approved the proposed enterprise agreement, and it became legally binding on the parties.

The Fair Work Commission approved the proposed enterprise agreement between Antoun Civil Engineering Australia Pty Ltd and its employees. The agreement provides for the fair and reasonable terms and conditions of employment, and it was genuinely negotiated. The Commission found that the agreement was in the best interests of the employees, and it provided for procedural fairness. The agreement is now legally binding on the parties.

Antoun Civil Engineering Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established