DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Badge Constructions (SA) Pty Ltd
(AG2017/2330)

BADGE CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JULY 2017

Application for approval of the Badge Constructions (SA) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Badge Constructions (SA) Pty Ltd Enterprise Agreement 2017 (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 (SA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission (FWC) considered an application for the approval of the Badge Constructions (SA) Pty Ltd Enterprise Agreement 2017. The applicant, Badge Constructions (SA) Pty Ltd, sought approval for the agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute primarily revolved around whether the proposed agreement complied with the statutory requirements under the Fair Work Act and the principles of industrial fairness.

The primary legal issues before the FWC were whether the enterprise agreement met the coverage requirements, if it complied with the provisions regarding pay and conditions, and if the agreement adhered to the principles of industrial fairness and protected the rights of employees. The FWC also considered the arguments from both parties regarding the fairness and reasonableness of the proposed agreement provisions.

The FWC carefully examined the arguments and evidence provided by both parties. It found that the agreement met the coverage requirements as it was applicable to the relevant employees of Badge Constructions. Regarding pay and conditions, the FWC determined that the proposed terms and conditions were reasonable and did not undermine the minimum entitlements of employees. The FWC also considered the broader principles of industrial fairness, and concluded that the agreement did not unfairly disadvantage any party and was in line with the purpose of the Act. Based on these findings, the FWC approved the application for the agreement.

The FWC's decision resulted in the approval of the Badge Constructions (SA) Pty Ltd Enterprise Agreement 2017. This approval means that the terms and conditions set out in the agreement are now legally binding on the parties involved. The agreement will govern the employment relationship between Badge Constructions and the relevant employees as per the approved terms.

Badge Constructions (SA) 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