DECISION

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

Baden Civil Contracting Pty Ltd
(AG2015/1266)

BADEN CIVIL CONTRACTING PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JUNE 2015

Application for approval of the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 May 2015 by Baden Civil Contracting Pty Ltd for the approval of a single-enterprise agreement known as the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2015(“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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Baden Civil Contracting Pty Ltd, sought approval of the Civil Construction Enterprise Agreement 2015, which was made under the Fair Work Act 2009. The application was made to the Fair Work Commission. The dispute was between the applicant, a civil construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The main issue before the Commission was whether the agreement was in the interests of the employees and met the requirements for approval under the Fair Work Act.

The Commission considered the fairness and compliance of the agreement with the Act. The applicant argued that the agreement provided for appropriate pay and conditions, while the union contended that the agreement was unfair as it did not adequately address issues such as penalty rates and casual loading. The Commission found that, while the agreement did not provide for penalty rates and casual loading as desired by the union, it did provide for fair and reasonable terms and conditions of employment, taking into account the nature of the industry and the specific circumstances of the enterprise. The Commission approved the agreement, determining it was in the interests of the employees and met the statutory requirements.

The Commission's decision hinged on a balanced consideration of the industry context and the specific circumstances of the enterprise. It approved the agreement, finding it to be fair and reasonable, and in the interests of the employees. The specific terms of the agreement were considered in light of the broader industry standards and the particular operational needs of the applicant. The Commission's approval was based on a comprehensive assessment of the evidence and arguments presented by both parties. The final orders included the approval of the Civil Construction Enterprise Agreement 2015, with the agreement to be registered by the Commission.

Baden Civil Contracting 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