B J W Construction Qld Pty Ltd

Case [2015] FWCA 1493


[2015] FWCA 1493
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

B J W Construction Qld Pty Ltd
(AG2015/358)

B J W CONSTRUCTION QLD PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 3 MARCH 2015

Application for approval of the B J W Construction Qld Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 February 2015 by B J W Construction Qld Pty Ltd for the approval of a single-enterprise agreement known as the B J W Construction Qld Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] 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.

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

SENIOR DEPUTY PRESIDENT

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Details
AGLC
B J W Construction Qld Pty Ltd [2015] FWCA 1493
Case
[2015] FWCA 1493
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, B J W Construction Qld Pty Ltd applied for approval of the B J W Construction Qld Pty Ltd Enterprise Agreement 2014. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The key legal issues were whether the agreement was genuinely negotiated, contained appropriate minimum terms, and met the other statutory criteria for approval.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms. The commission noted that the agreement was comprehensive and included provisions on wages, leave, and other employment conditions. The commission also considered the views of the parties and the overall fairness of the agreement. Ultimately, the commission was satisfied that the agreement met all the necessary legal criteria for approval.

Consequently, the Fair Work Commission approved the B J W Construction Qld Pty Ltd Enterprise Agreement 2014. The decision was based on the evidence presented and the commission's assessment of the agreement's compliance with the Fair Work Act. The approval ensures that the agreement will now form the basis of the employment conditions for the employees covered by it.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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