DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Building Engineering Pty Ltd
(AG2018/5363)

BUILDING ENGINEERING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 MAY 2019

Application for approval of the Building Engineering Pty Ltd Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Building Engineering Pty Ltd Employee Collective Agreement 2018 (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.

[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.

[3] Subject to the undertakings, 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 16 May 2019. The nominal expiry date of the Agreement is 9 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Building Engineering Pty Ltd applied for approval of the Building Engineering Pty Ltd Employee Collective Agreement 2018. The application was brought by Building Engineering Pty Ltd, an employer, and the National Electrical and Communications Association, a union representing the employees. The dispute centred on the terms and conditions outlined in the proposed collective agreement, particularly those relating to wages, hours of work, and other employment conditions.

The central legal issue the Commission had to address was whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test" and the "no disadvantage test." The Commission also needed to determine whether the agreement contained terms that were not directly related to the employees' terms and conditions of employment, as per the Act. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the parties.

The Commission found that the proposed agreement complied with the statutory requirements. The agreement was deemed to meet the better off overall test, ensuring that employees would not be worse off financially or in terms of conditions compared to their previous entitlements. The Commission also found that the agreement satisfied the no disadvantage test, meaning that employees would not be placed at a disadvantage in comparison to other employees not covered by the agreement. The Commission concluded that the agreement contained no terms that were extraneous to the employment relationship. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties, with evidence of bargaining and compromise.

As a result, the Fair Work Commission approved the Building Engineering Pty Ltd Employee Collective Agreement 2018. The approved agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement.

Building Engineering 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