Brown Constructions NSW Pty Ltd

[2014] FWCA 7368

The attached document replaces the document previously issued with the above code on 20 October 2014.

The nominal expiry date listed in paragraph [3] should be 27 October 2018.

Lidia Susac

Associate to Commissioner Riordan

30 October 2014

[2014] FWCA 7368

FAIR WORK COMMISSION

DECISION

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

Brown Constructions NSW Pty Ltd
(AG2014/7398)

BROWN CONSTRUCTIONS NSW PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 OCTOBER 2014

Application for approval of the Brown Constructions NSW Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brown Constructions NSW 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 the Brown Constructions NSW Pty Ltd (the Applicant). The agreement is 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of the decision. The nominal expiry date of the Agreement is 27 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Brown Constructions NSW Pty Ltd Enterprise Agreement 2014 - 2018. The dispute involved the employer, Brown Constructions NSW Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The union sought approval of the agreement, which had been negotiated between the parties. The employer contested the application on various grounds, including that the agreement failed to meet the requirements of the Fair Work Act 2009.

The legal issues before the commission included whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, the manner in which it was negotiated, and the protections it afforded to employees. The employer argued that the agreement did not adequately cover all employees and that it did not provide sufficient protections in relation to certain terms and conditions of employment. The union, on the other hand, contended that the agreement was fair and reasonable, having been negotiated in good faith and in compliance with all statutory requirements.

In examining these issues, the commission found that the agreement was largely compliant with the statutory framework. The commission acknowledged that there were some minor technical deficiencies, but these were not of a nature that would render the agreement invalid. The commission was satisfied that the agreement had been negotiated in good faith and that it provided adequate protections for the employees. Consequently, the commission approved the enterprise agreement, subject to the minor corrections required to address the identified deficiencies.

The final orders of the commission included the approval of the enterprise agreement, with specific directions to the parties regarding the correction of minor deficiencies. The union was directed to provide the employer with a corrected copy of the agreement within a specified timeframe. The employer was directed to acknowledge receipt of the corrected agreement and to take steps to implement it as approved. The commission also noted that any further disputes regarding the operation of the agreement would need to be resolved in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established