Australian Demolition and Scrap Recovery Pty Limited; Integrated Construction Equipment Pty Limited

[2014] FWCA 6246

FAIR WORK COMMISSION

DECISION

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

Australian Demolition and Scrap Recovery Pty Limited; Integrated Construction Equipment Pty Limited
(AG2014/7002)

AUSTRALIAN DEMOLITION AND SCRAP RECOVERY PTY LTD ENTERPRISE AGREEMENT 2014-2017 / INTEGRATED CONSTRUCTION EQUIPMENT PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 SEPTEMBER 2014

Application for approval of the Australian Demolition and Scrap Recovery Pty Ltd Enterprise Agreement 2014-2017 / Integrated Construction Equipment Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Australian Demolition and Scrap Recovery Pty Ltd Enterprise Agreement 2014-2017 / Integrated Construction Equipment Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Demolition and Scrap Recovery Pty Limited; Integrated Construction Equipment Pty Limited (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] 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 16 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Demolition and Scrap Recovery Pty Limited and Integrated Construction Equipment Pty Limited, sought approval of their respective enterprise agreements, the Australian Demolition and Scrap Recovery Pty Ltd Enterprise Agreement 2014-2017 and the Integrated Construction Equipment Pty Ltd Enterprise Agreement 2014-2017, in the Fair Work Commission. The nature of the dispute was whether these agreements met the necessary criteria for approval under the Fair Work Act 2009. The Court examined the agreements to determine if they were fair and reasonable, and if they provided for the appropriate terms and conditions for the employees covered by the agreements.

The primary legal issue before the Court was whether the agreements were appropriately negotiated, and if they contained the necessary provisions for the employees' rights, protections and entitlements. The Court had to assess whether the agreements were consistent with the objectives of the Fair Work Act, which aim to provide a fair and balanced approach to workplace relations. This included examining the terms of the agreements, the bargaining process, and the extent to which the agreements covered essential matters.

The Court found that the agreements were appropriately negotiated and contained provisions that were fair and reasonable. The Court determined that the agreements met the necessary criteria for approval under the Fair Work Act. The agreements provided for the appropriate terms and conditions for the employees, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Court also found that the agreements were consistent with the objectives of the Act, and that the bargaining process was fair and balanced.

In light of the above, the Court approved the Australian Demolition and Scrap Recovery Pty Ltd Enterprise Agreement 2014-2017 and the Integrated Construction Equipment Pty Ltd Enterprise Agreement 2014-2017, effective from 1 July 2014 until 30 June 2017. The Court ordered that the agreements be registered with the Fair Work Commission and that they be given effect as a registered agreement under the Fair Work Act. The Court also ordered that the applicants provide a copy of the approved agreements to the Fair Work Ombudsman within 14 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established