DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting
(AG2021/5931)

BADEN CIVIL CONTRACTING PTY LTD CIVIL CONSTRUCTION ENTERPRISEAGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2021

Application for approval of the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting applied to the Fair Work Commission for the approval of their 2021 Civil Construction Enterprise Agreement. The dispute involved whether the agreement complied with the relevant legislative provisions and if it was fairly and appropriately negotiated. The Commission was tasked with determining the application's validity and whether the agreement should be approved.

The legal issues centred on whether the agreement was genuinely negotiated and if it contained all the mandatory terms required by the Fair Work Act 2009. The court had to examine if the negotiation process was fair, whether the agreement was appropriately documented, and if it met all the statutory requirements. Additionally, the court considered whether the agreement was likely to achieve its intended purpose of providing fair and reasonable terms for the employees.

The Commission found that the agreement was fairly and appropriately negotiated and contained all the mandatory terms required by the legislation. The court concluded that the negotiation process was transparent and that the agreement reflected the needs of both the employer and employees. The Commission also determined that the agreement was likely to achieve its intended purpose and approved the application. Consequently, the Civil Construction Enterprise Agreement 2021 was approved by the Fair Work Commission.

Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established