Black Widow Civil Pty Ltd Summary

[2014] FWCA 3250

FAIR WORK COMMISSION

DECISION

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

Black Widow Civil Pty Ltd
(AG2014/993)

BLACK WIDOW CIVIL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2014

Application for approval of the Black Widow Civil Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 April 2014 by Black Widow Civil Pty Ltd for the approval of a single-enterprise agreement known as the Black Widow Civil Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 16 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Black Widow Civil Pty Ltd applied to the Fair Work Commission for approval of its 2014 Enterprise Agreement. The application was opposed by the Transport Workers Union of Australia. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the protections afforded to employees.

The court had to determine whether the bargaining process adhered to the legislative mandates and whether the agreement itself was fair and reasonable. This involved assessing if the agreement was made in good faith, whether it contained all the mandated terms, and if it provided appropriate protections for employees, including minimum rates of pay, maximum hours of work, and other conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandated terms. The commission considered the procedural fairness of the bargaining process and determined that it was satisfactory. The agreement was also found to provide adequate protections for employees, including minimum rates of pay and other conditions of employment. Therefore, the commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Black Widow Civil Pty Ltd Enterprise Agreement 2014 to be registered.

Black Widow Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established