DECISION

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

Bridge and Civil Pty Ltd
(AG2018/7271)

BRIDGE AND CIVIL ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2019

Application for approval of the Bridge and Civil Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bridge and Civil Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bridge and Civil 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 3 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[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 17 April 2019. The nominal expiry date of the Agreement is 10 April 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bridge and Civil Pty Ltd applied for the approval of the Bridge and Civil Enterprise Agreement 2018 - 2021. The applicant, a company operating within the construction industry, sought to formalise the terms and conditions of employment for its workers as per the proposed agreement. The dispute arose from the negotiation process and the contents of the agreement, with the Commission required to determine whether it met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the proposed agreement was a genuine enterprise agreement, whether it complied with the procedural and substantive fairness requirements, and if it met the minimum entitlements prescribed by the relevant awards. The Commission had to examine the negotiation process, the coverage of the agreement, and the terms and conditions contained within it to ensure they adhered to the legal framework. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the employees and did not undermine any existing awards or agreements.

Upon reviewing the negotiation process and the contents of the agreement, the Commission found that the agreement was genuine, having been negotiated in good faith and covering all the employees within the relevant bargaining unit. The Commission concluded that the agreement complied with both procedural and substantive fairness requirements. The terms and conditions of the agreement were deemed to provide fair and reasonable outcomes for the employees, without undermining any existing awards or agreements. Consequently, the Fair Work Commission approved the Bridge and Civil Enterprise Agreement 2018 - 2021, effective from 1 March 2018.

Bridge and Civil 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