Burgess Earthmoving Pty Ltd

[2013] FWCA 3546

FAIR WORK COMMISSION

DECISION

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

Burgess Earthmoving Pty Ltd
(AG2013/1254)

BURGESS EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 JUNE 2013

Application for approval of the Burgess Earthmoving Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Burgess Earthmoving Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Burgess Earthmoving Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has 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 this decision. The nominal expiry date is 13 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Burgess Earthmoving Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The FWC heard the application for approval under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation process of the Enterprise Agreement 2013-2017, with the employer contesting the agreement's fairness and the union arguing for its approval.

The legal issues before the FWC included whether the agreement met the criteria for approval under section 232 of the Fair Work Act, specifically whether the agreement provided for the pay and conditions of employees, was in writing, had been negotiated in good faith, and was made without coercion. Additionally, the FWC had to consider whether the agreement contained all the terms required by the Act and whether it provided for proper processes for the resolution of disputes between the parties.

The FWC found that the agreement had been negotiated in good faith and contained all the required terms, including pay and conditions, dispute resolution processes, and provisions for the protection of employees' rights. The FWC also noted that the agreement provided for the fair and equitable treatment of employees, including provisions for flexible working arrangements and the protection of employees' rights to be free from discrimination and unfair treatment. The FWC approved the agreement, finding that it met the criteria for approval under the Act.

The FWC ordered that the Enterprise Agreement 2013-2017 be approved as a registered agreement under section 173 of the Fair Work Act, and that it would be in effect from the date of the FWC's decision. The FWC also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established