Aramira Civil Engineering Pty Ltd

[2013] FWCA 353

FAIR WORK COMMISSION

DECISION

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

Aramira Civil Engineering Pty Ltd
(AG2013/84)

ARAMIRA CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 JANUARY 2013

Application for approval of the Aramira Civil Engineering Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 January 2013 by Aramira Civil Engineering Pty Ltd for the approval of a single-enterprise agreement known as the Aramira Civil Engineering Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aramira Civil Engineering Pty Ltd was a party to an enterprise agreement with its employees. A dispute arose regarding the approval of the 2012 Enterprise Agreement. The matter was brought before the Fair Work Commission to determine whether the agreement should be approved.

The key legal issues before the Commission involved assessing whether the agreement met the criteria set out in the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement, contained no prohibited content, and had been made in good faith. The Commission also had to consider whether the agreement was consistent with the national employment standards and provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement satisfied the better off overall test, as it provided for a fair and reasonable increase in wages and conditions for the employees. The agreement was deemed to be free of prohibited content, such as terms that would undermine the operation of the national workplace relations system. The Commission also concluded that the agreement was made in good faith, with appropriate consultation and negotiation between the parties. Furthermore, the agreement complied with the national employment standards and provided for adequate dispute resolution processes. Based on these findings, the Commission approved the Aramira Civil Engineering Pty Ltd Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established