DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blu-Built Constructions Pty Ltd
(AG2019/4448)

BLU-BUILT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Blu-Built Constructions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Blu-Built Constructions Pty Ltd Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blu-Built Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 21 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blu-Built Constructions Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Blu-Built Constructions Pty Ltd Enterprise Agreement 2019. The applicant sought approval of the proposed agreement under section 230 of the Fair Work Act 2009, arguing that it met the criteria for registration. The nature of the dispute centred on whether the agreement adequately protected the rights and interests of the employees and complied with the relevant statutory requirements.

The key legal issues addressed by the commission included whether the agreement had been made in accordance with the procedural fairness requirements of the Fair Work Act, and whether it contained the minimum terms and conditions as prescribed by the Act. The commission also considered whether the agreement was likely to achieve a better outcome for the employees, their employers, and the broader community. Furthermore, the commission examined whether the agreement contained any terms that were inconsistent with the national employment standards.

In its decision, the Fair Work Commission found that the proposed agreement had been made in good faith and contained the minimum terms and conditions as required by the Fair Work Act. The commission was satisfied that the agreement had been negotiated fairly and in accordance with the procedural fairness requirements. The commission also found that the agreement would likely achieve a better outcome for the employees, their employers, and the broader community. After considering all the factors, the commission approved the Blu-Built Constructions Pty Ltd Enterprise Agreement 2019, which is now registered under the Fair Work Act.

Blu-Built Constructions 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