Building Engineering Pty Ltd Summary

[2014] FWCA 2022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Building Engineering Pty Ltd
(AG2014/3896)

BUILDING ENGINEERING PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 MARCH 2014

Application for approval of the Building Engineering Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Building Engineering Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Building Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 26 March 2014 and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 1 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case of Building Engineering Pty Ltd, the Australian Building and Construction Commission (ABCC) sought approval for the Building Engineering Pty Ltd Employee Collective Agreement 2014. This case involved a dispute over the legality of the collective agreement, which was proposed by the employer to regulate the terms and conditions of employment for their employees.

The legal issues that the court had to determine included whether the collective agreement was in accordance with the Fair Work Act 2009, whether it was certified as a green field agreement, and whether the agreement was properly negotiated and executed. The court had to determine whether the agreement was fair and reasonable, and whether it complied with the requirements of the Fair Work Act.

The court found that the Building Engineering Pty Ltd Employee Collective Agreement 2014 was in compliance with the Fair Work Act. The agreement was properly negotiated, and it was certified as a green field agreement. The court also found that the agreement was fair and reasonable, and that it complied with the requirements of the Fair Work Act. The court approved the agreement, and it is now in effect.

The court did not make any further orders in the case. The employer and the employees are now bound by the terms and conditions set out in the Building Engineering Pty Ltd Employee Collective Agreement 2014. This decision provides clarity on the requirements for approving a collective agreement under the Fair Work Act, and it sets a precedent for future cases involving similar issues.

Building Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established