DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Awada Civil Engineering Pty Ltd
(AG2019/787)

AWADA CIVIL ENGINEERING PTY LTD CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 JULY 2019

Application for approval of the Awada Civil Engineering Pty Ltd Construction Employees Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Awada Civil Engineering Pty Ltd Construction Employees Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Awada Civil Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 9 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Awada Civil Engineering Pty Ltd applied for approval of the Awada Civil Engineering Pty Ltd Construction Employees Enterprise Agreement 2019-2022. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant, Awada Civil Engineering Pty Ltd, argued that the agreement was a genuine enterprise agreement that provided for the fair and efficient operation of the enterprise. The applicant claimed the agreement was fair and reasonable and did not undermine the Australian labour market.

The Commission considered whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be a genuine enterprise agreement. The Commission also examined whether the agreement met the criteria for approval, including whether it provided for the fair and efficient operation of the enterprise and did not undermine the Australian labour market. The Commission considered submissions from the applicant, the employees' representative, and other interested parties. The Commission found that the agreement was a genuine enterprise agreement that met the criteria for approval.

The Commission approved the Awada Civil Engineering Pty Ltd Construction Employees Enterprise Agreement 2019-2022, finding that it provided for the fair and efficient operation of the enterprise and did not undermine the Australian labour market. The Commission found that the agreement was a genuine enterprise agreement that met the criteria for approval under the Fair Work Act. The applicant, Awada Civil Engineering Pty Ltd, was granted approval for the agreement, which will now be binding on the parties for the specified period.

Awada 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