Bastow’s Earthmoving Pty Ltd

[2014] FWCA 3412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bastow’s Earthmoving Pty Ltd
(AG2014/847)

BASTOW’S EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 MAY 2014

Application for approval of the Bastow’s Earthmoving Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bastow’s Earthmoving Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bastow’s Earthmoving Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 19 May 2014 undertakings were provided by Mr R Selman, the Company’s Operations Manager. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2014. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

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<Price code C, AE408283 PR550942>
Annexure A

CaseChat Overview and Summary

Bastow’s Earthmoving Pty Ltd is a company in the earthmoving industry, and the dispute involved an application for the approval of their Enterprise Agreement 2014. The application was made to the Fair Work Commission, which is the body responsible for overseeing and approving such agreements in Australia. The dispute arose due to concerns about the fairness and adequacy of the terms and conditions outlined in the proposed agreement.

The central legal issues before the Commission were whether the Enterprise Agreement 2014 met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including provisions related to wages, hours of work, and other employment-related matters. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for the proper operation of the enterprise.

The Fair Work Commission carefully reviewed the evidence and submissions provided by both parties. In its decision, the Commission found that the Enterprise Agreement 2014 did meet the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and it was made in good faith. The Commission was satisfied that the agreement would facilitate the proper operation of the enterprise and that it did not disadvantage any party in a way that was contrary to the objectives of the Fair Work Act 2009.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2014. The agreement is now legally binding on the parties involved, and it will govern the terms and conditions of employment for the employees of Bastow’s Earthmoving Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established