DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAEC Contracting Pty Ltd
(AG2016/2544)

B.A.E.C. CONTRACTING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2016

Application for approval of the B.A.E.C. Contracting Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the B.A.E.C. Contracting Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAEC Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BAEC Contracting Pty Ltd sought approval of a new enterprise agreement for its Ichthys Onshore Construction Enterprise. The dispute centred around the terms and conditions of employment, particularly those affecting wages, hours of work, and other conditions of employment for the employees covered by the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single interest" enterprise agreement as defined under the Act. The Commission needed to determine if the agreement genuinely reflected the views and interests of the employees, and whether it was appropriately certified as a "single interest" agreement. Additionally, the Commission had to consider whether the agreement provided for adequate minimum wages and conditions, and whether it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was indeed a "single interest" enterprise agreement, as it was certified by a relevant independent person and represented the views and interests of the employees. The Commission also determined that the agreement provided for adequate minimum wages and conditions of employment, and was consistent with the provisions of the Fair Work Act. The Commission approved the agreement, subject to certain conditions and modifications, to ensure that it continued to provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission ordered that the agreement be approved as a registered agreement, subject to certain modifications and conditions, to ensure that it continued to meet the statutory requirements for approval under the Fair Work Act. The modifications included adjustments to the wages and conditions of employment for certain employees, as well as changes to the dispute resolution procedures. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would remain in effect until it was terminated or replaced by a new agreement.

BAEC 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