Bolte Civil Pty Ltd Summary

[2014] FWCA 5689

FAIR WORK COMMISSION

DECISION

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

Bolte Civil Pty Ltd
(AG2014/1869)

BOLTE CIVIL PTY LTD ENTERPRISE AGREEMENT - 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the Bolte Civil Pty Ltd Enterprise Agreement - 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bolte Civil Pty Ltd Enterprise Agreement - 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bolte Civil Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 13 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 August 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Bolte Civil Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Bolte Civil Pty Ltd Enterprise Agreement 2014-2018. The application was brought by the employer, Bolte Civil Pty Ltd, in relation to the enterprise agreement which was negotiated between the employer and the Bolte Civil Pty Ltd Licensed Employees’ Union. The dispute centered on the terms of the proposed agreement and whether it complied with the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in good faith, and whether it contained the mandated minimum terms and conditions of employment as prescribed by the Act. The Commission also had to determine whether the agreement was fair and whether it was appropriate for the agreement to be registered.

In considering these issues, the Commission examined the process by which the agreement was negotiated, the nature of the terms contained within it, and the overall fairness of the agreement. The Commission noted that the agreement had been negotiated in good faith and that it contained all the mandated minimum terms and conditions. It found that the agreement was fair and appropriate for registration. The Commission was satisfied that the agreement met the necessary criteria and approved it, making the necessary orders to register the agreement under the Fair Work Act.

Bolte 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