DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bono Constructions Pty Ltd
(AG2021/4371)

BONO CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER WILSON	SYDNEY, 29 APRIL 2021

Application for approval of the Bono Constructions Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Bono Constructions Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bono 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2021. The nominal expiry date of the Agreement is 28 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Bono Constructions Pty Ltd Enterprise Agreement 2021-2025, heard by the Fair Work Commission. The dispute centred around the proposed enterprise agreement between Bono Constructions and its employees, specifically focusing on the procedural fairness and the application of relevant industrial laws.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the necessary procedural steps and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the procedural requirements had been met, as the agreement had been negotiated in good faith and the necessary consultation processes were followed. The Commission also determined that the agreement was consistent with the objectives of the Fair Work Act, including the protection of employees' rights and interests. Consequently, the application for approval was granted. The Commission emphasised the importance of balancing the rights and interests of both employers and employees, while ensuring compliance with the industrial laws. The decision was based on a comprehensive review of the agreement, taking into account the specific circumstances of the parties involved.

Bono 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