DECISION

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

Blu-Built Constructions Pty Ltd
(AG2015/1020)

BLU-BUILT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 MAY 2015

Application for approval of the Blu-Built Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blu-Built Constructions Pty Ltd Enterprise Agreement 2015 (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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2015. The nominal expiry date of the Agreement is 1 May 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blu-Built Constructions Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Blu-Built Constructions Pty Ltd Enterprise Agreement 2015. The applicant was represented by Mr J. Smith, and the respondents, the Building and Construction Trades Union of Australia and the Australian Workers' Union, were represented by Mr J. Jones and Ms L. Brown, respectively. The primary dispute centred on whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The key legal issues before the court were whether the agreement contained all the mandated terms and conditions, whether it was free from prohibited content, and if it had been genuinely bargained between the employer and the employees. The court examined whether the agreement adequately covered all the required provisions, including minimum wages, penalties, and permissible working hours, and whether it included any terms that might be deemed contrary to public policy or unfair. Additionally, the court assessed the process through which the agreement was negotiated to determine if it reflected genuine bargaining.

The court found that the agreement satisfied all the legislative requirements for an enterprise agreement. It contained all the necessary terms and conditions, was free from any prohibited content, and had been genuinely negotiated between the parties. The evidence presented demonstrated a fair and transparent process of negotiation, which led the court to conclude that the agreement was bona fide. Consequently, the court approved the agreement, recognising it as a legally binding enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Blu-Built Constructions Pty Ltd Enterprise Agreement 2015. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would govern the employment conditions between the parties. This decision provided certainty and legal recognition to the negotiated terms, facilitating the ongoing relationship between the employer and the employees.

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