DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aramira Civil Engineering Pty Ltd
(AG2017/3126)

ARAMIRA CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 18 OCTOBER 2017

Application for approval of the Aramira Civil Engineering Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aramira Civil Engineering Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aramira Civil Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Aramira Civil Engineering Pty Ltd, sought approval for the Enterprise Agreement 2017. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the application on several grounds, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The key issues before the Commission were whether the agreement was genuinely negotiated, contained all the necessary terms, and was in the best interests of the employees. The Commission had to consider whether the applicant had demonstrated that the agreement was fairly and genuinely negotiated between the parties, whether the agreement included all the mandatory terms required by the Act, and whether the agreement was in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated between the parties and contained all the necessary terms. The Commission was satisfied that the applicant had demonstrated that the agreement was fairly and genuinely negotiated, and that all the mandatory terms required by the Act were included in the agreement. The Commission also found that the agreement was in the best interests of the employees, taking into account the nature of the work, the employees' needs and expectations, and the overall economic climate. The Commission noted that the agreement provided for a range of benefits for employees, including pay increases, improved leave entitlements, and better access to training and development opportunities.

After considering the evidence and arguments presented by both parties, the Commission approved the Enterprise Agreement 2017. The Commission was satisfied that the agreement was fairly and genuinely negotiated, contained all the necessary terms, and was in the best interests of the employees. The Commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties, and a careful consideration of the relevant legal principles and statutory requirements. The Commission's approval of the agreement provides certainty and stability for both the employer and the employees, and ensures that the agreement will be effective in promoting the fair and harmonious resolution of workplace issues.

Aramira Civil Engineering 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