Baulderstone Pty Ltd Summary

[2013] FWCA 3148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baulderstone Pty Ltd
(AG2013/6310)

BAULDERSTONE PTY LTD ENGINEERING AND INFRASTRUCTURE SOUTH AUSTRALIAN AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 MAY 2013

Application for approval of the Baulderstone Pty Ltd Engineering and Infrastructure South Australian and Northern Territory Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Baulderstone Pty Ltd Engineering and Infrastructure South Australian and Northern Territory Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baulderstone Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2013. The nominal expiry date of the Agreement is 29 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Baulderstone Pty Ltd applied to the Fair Work Commission for the approval of the Baulderstone Pty Ltd Engineering and Infrastructure South Australian and Northern Territory Enterprise Agreement 2013-2016. The applicants sought the agreement to be approved as a specified, low-paid enterprise agreement for the purposes of the Fair Work Act 2009. The applicants argued that the agreement met the requirements of the Act because it provided for the protection of low-paid employees, included minimum wages, and was negotiated in good faith. The respondents, however, opposed the approval of the agreement on the grounds that it did not provide adequate protections for low-paid employees and did not meet the requirements of the Act.

The Commission was required to determine whether the agreement met the criteria for approval as a specified, low-paid enterprise agreement under the Act. The Commission noted that the agreement provided for the protection of low-paid employees, including minimum wages, and was negotiated in good faith. However, the Commission also considered whether the agreement provided adequate protections for low-paid employees and whether it met the requirements of the Act. The Commission concluded that the agreement met the criteria for approval because it provided for the protection of low-paid employees, including minimum wages, and was negotiated in good faith. The Commission also noted that the agreement was not opposed by any of the respondents and that it provided for the protection of low-paid employees.

The Commission approved the agreement as a specified, low-paid enterprise agreement for the purposes of the Act. The Commission found that the agreement provided for the protection of low-paid employees, including minimum wages, and was negotiated in good faith. The Commission also noted that the agreement was not opposed by any of the respondents and that it provided for the protection of low-paid employees. The Commission concluded that the agreement met the criteria for approval under the Act and was approved as a specified, low-paid enterprise agreement. The Commission noted that the agreement would provide for the protection of low-paid employees and that it was in the best interests of the employees and the employers.

The Commission approved the agreement as a specified, low-paid enterprise agreement for the purposes of the Act. The agreement was approved as a specified, low-paid enterprise agreement for the purposes of the Fair Work Act 2009. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission. The agreement was approved as a specified, low-paid enterprise agreement for the purposes of the Act, and the applicants were required to take all necessary steps to ensure that the agreement was registered with the Registrar.

Baulderstone Pty Ltd

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