DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Badge Constructions (QLD) Pty Ltd T/A Badge Constructions (QLD) Pty Ltd
(AG2020/843)

BADGE CONSTRUCTIONS (QLD) PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 MAY 2020

Application for approval of the BADGE Constructions (QLD) Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BADGE Constructions (QLD) Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Badge Constructions (QLD) Pty Ltd (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] Clause 1.4 of the Agreement states that the agreement shall operate the day it is approved, however as required by s.54(1) of the Act the Agreement will operate 7 days after approval.

[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

The case involves an application for approval of the BADGE Constructions (QLD) Pty Ltd Enterprise Agreement 2020. The applicant, BADGE Constructions, sought to have the agreement approved by the Fair Work Commission (FWC) as a low-risk, modern award. The nature of the dispute lies in the terms of the proposed agreement, which the applicant claims are fair and reasonable for the employees covered by the agreement. The case was heard and determined by the FWC.

The legal issues the court was required to decide included whether the proposed enterprise agreement was fair and reasonable, and whether it met the criteria for low-risk, modern award status. The FWC considered the agreement in light of the Fair Work Act 2009, examining the fairness and reasonableness of the agreement’s terms and the overall impact on the employees. The court also examined whether the agreement met the requirements for low-risk, modern award status, including whether it aligned with the principles of the modern awards and provided a safety net for employees.

The FWC found that the proposed enterprise agreement was fair and reasonable. The court noted that the agreement provided for terms and conditions that were not less favourable than those in the relevant modern awards, and included provisions for pay rates, conditions of employment, and dispute resolution mechanisms that were considered fair and reasonable. The FWC also found that the agreement met the criteria for low-risk, modern award status, and approved the agreement as such. The FWC emphasised that the agreement provided for a fair and reasonable safety net for employees and aligned with the principles of the modern awards.

The final orders of the FWC were that the BADGE Constructions (QLD) Pty Ltd Enterprise Agreement 2020 be approved as a low-risk, modern award from the date of the decision. The FWC also ordered that the agreement be registered with the Fair Work Ombudsman. The applicant was directed to provide a copy of the approved agreement to the Fair Work Ombudsman within 21 days of the decision.

Badge Constructions (QLD) Pty Ltd T/A Badge Constructions (QLD) 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