DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bolte Civil Pty Ltd T/A Bolte Civil
(AG2018/6274)

BOLTE CIVIL PTY LTD ENTERPRISE AGREEMENT - 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022 (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 T/A Bolte Civil. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 5 September 2019 and, in accordance with s.54, will operate from 12 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bolte Civil Pty Ltd T/A Bolte Civil, the Fair Work Commission was called upon to approve an enterprise agreement that was proposed by the applicant, Bolte Civil Pty Ltd, for its employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and other applicable laws. The agreement, which was set to cover the period from 2018 to 2022, included various terms and conditions of employment, such as pay rates, hours of work, and leave entitlements.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for all employees, and whether it complied with the statutory requirements for approval, including the need for the agreement to meet the "better off overall test" as required under the Fair Work Act. The Commission also had to consider whether the agreement provided for procedural fairness in its negotiation and whether it contained any unlawful or unenforceable provisions. Additionally, the Commission assessed the extent to which the agreement provided for the protection of employee interests, particularly in relation to minimum standards of pay and conditions.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, taking into account the submissions from both the applicant and the relevant employee representatives. The Commission found that the agreement was consistent with the statutory requirements and met the better off overall test. It was determined that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any unlawful or unenforceable provisions. The Commission also concluded that the agreement was negotiated in a manner that ensured procedural fairness for all parties involved. Consequently, the Fair Work Commission approved the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022, recognising it as a lawful and appropriate arrangement for the parties.

Bolte Civil Pty Ltd T/A Bolte Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established