Baulderstone Pty Ltd Summary

[2013] FWCA 4204

FAIR WORK COMMISSION

DECISION

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

Baulderstone Pty Ltd
(AG2013/7077)

BAULDERSTONE PTY LTD AND CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BUILDING AND CONSTRUCTION, SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 JUNE 2013

Application for approval of the Baulderstone Pty Ltd and Construction, Forestry, Mining and Energy Union, Building and Construction, South Australian Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Baulderstone Pty Ltd and Construction, Forestry, Mining and Energy Union, Building and Construction, South Australian Enterprise Agreement 2013-2017 (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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2013. The nominal expiry date of the Agreement is 19 March 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the applicant Baulderstone Pty Ltd sought approval from the Fair Work Commission for the proposed Baulderstone Pty Ltd and Construction, Forestry, Mining and Energy Union, Building and Construction, South Australian Enterprise Agreement 2013-2017. The Construction, Forestry, Mining and Energy Union, Building and Construction, South Australian Branch, was the respondent. The dispute centred around the terms and conditions of employment under the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed enterprise agreement provided for a minimum rate of pay that met the safety net, whether it adequately addressed other employment conditions, and whether the agreement complied with the procedural requirements for approval as set out in the Act. The court needed to determine if the agreement provided for fair and reasonable terms and conditions for employees, and if the proper process for approval was followed.

The Fair Work Commission found that the proposed agreement met the minimum safety net requirements and provided for fair and reasonable terms and conditions for the employees. The commission noted that the agreement included provisions for minimum wage rates, penalty rates, leave entitlements, and other employment conditions that were consistent with the objectives of the Fair Work Act 2009. Furthermore, the commission confirmed that the proper process for approval had been followed, including adequate consultation with the employees and the respondent union. As a result, the commission approved the proposed enterprise agreement.

The Fair Work Commission's decision was that the Baulderstone Pty Ltd and Construction, Forestry, Mining and Energy Union, Building and Construction, South Australian Enterprise Agreement 2013-2017 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and compliant with the safety net provisions of the Act.

Baulderstone Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established