Building Engineering Pty Ltd

[2023] FWCA 1435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Building Engineering Pty Ltd

(AG2023/1299)

BUILDING ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 MAY 2023

Application for approval of the Building Engineering Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Building Engineering Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Building Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 May 2023. The nominal expiry date of the Agreement is 18 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Building Engineering Pty Ltd, sought approval of their Enterprise Agreement 2023. The application was made under the Fair Work Act 2009 and the parties involved were the applicant company and the union representing the employees. The Fair Work Commission was the court that heard the application. The primary dispute centered around whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the union argued that certain provisions did not comply with the Act's requirements and were unfair.

The central legal issues the Commission had to decide were whether the Enterprise Agreement was "bargained for" genuinely and whether it contained unfair provisions that would warrant rejection. The union's main contention was that certain clauses related to working hours, overtime, and redundancy did not meet the statutory criteria for fairness. The Commission needed to carefully assess these clauses to determine if they complied with the legislative framework and if they reflected a genuine bargain between the parties.

The Commission found that the agreement was genuinely bargained for and contained no unfair provisions. The reasoning involved a detailed examination of the bargaining process and the terms of the agreement. The Commission concluded that the terms were fair and met the statutory requirements, including those related to working conditions, overtime, and redundancy. The union's arguments were not persuasive enough to overturn the applicant's application. Consequently, the Commission approved the Enterprise Agreement.

The final orders included the approval of the Building Engineering Pty Ltd Enterprise Agreement 2023, subject to the terms being implemented as per the agreement. The union's concerns were addressed in the approval, ensuring that all provisions complied with the Fair Work Act. The decision effectively resolved the dispute and allowed the agreement to proceed as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established