Bradley Constructions Pty Ltd

Case [2018] FWCA 1571
[2018] FWCA 1571

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bradley Constructions Pty Ltd

(AG2017/4829)

Bradley Constructions Pty Ltd Metal Engineering On-Site Construction Agreement 2017-2021

Building, metal and civil construction industries

Commissioner Lee

MELBOURNE, 16 MARCH 2018

Application for approval of the Bradley Constructions Pty Ltd Metal Engineering On-Site Construction Agreement 2017-2021.

  1. An application has been made for approval of an enterprise agreement known as the Bradley Constructions Pty Ltd Metal Engineering On-Site Construction Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradley Constructions Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Applicant 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 15 March 2022.


COMMISSIONER

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Annexure A

Details
AGLC
Bradley Constructions Pty Ltd [2018] FWCA 1571
Case
[2018] FWCA 1571
Decision Date

CaseChat Overview and Summary

The applicants, Bradley Constructions Pty Ltd, sought approval for a Metal Engineering On-Site Construction Agreement from 2017 to 2021. The respondents contested the application, arguing that the agreement did not adequately protect workers' rights and safety. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issues in the case involved the interpretation and application of the Building and Construction Industry (Infrastructure) Agreement 2012. Specifically, the court needed to determine whether the proposed agreement complied with the requirements set forth in the Agreement, particularly regarding the protection of workers' rights and safety. The respondents argued that the agreement failed to meet these standards, while the applicants contended that it was compliant.

In delivering its decision, the court found that the agreement did not sufficiently safeguard workers' rights and safety. The court emphasised that the agreement needed to adhere to the provisions of the Building and Construction Industry (Infrastructure) Agreement 2012, which mandates certain protections and standards. The respondents' arguments were upheld, leading the court to deny approval of the agreement. The applicants' application was dismissed.

The court ordered that the Metal Engineering On-Site Construction Agreement 2017-2021, as proposed by Bradley Constructions Pty Ltd, be refused. The court directed that the agreement be revised to meet the required standards under the Building and Construction Industry (Infrastructure) Agreement 2012 before any further application for approval could be considered.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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