Burton Contractors Pty Ltd

[2024] FWCA 2336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burton Contractors Pty Ltd

(AG2024/1940)

BURTON CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 24 JUNE 2024

Application for approval of the Burton Contractors Pty Ltd Enterprise Agreement 2023-2027.

An application has been made for approval of an enterprise agreement known as the Burton Contractors Pty Ltd Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burton Contractors Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2024. The nominal expiry date of the Agreement is 23 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burton Contractors Pty Ltd sought approval of an enterprise agreement, resulting in a dispute before the Fair Work Commission. The company, a construction firm, and the union representing its employees, the Construction, Forestry, Maritime, Mining and Energy Union, had negotiated the Enterprise Agreement 2023-2027. The union applied to the Commission for its approval, which Burton Contractors opposed. The company contended that the agreement did not meet the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, contained appropriate minimum terms, and was free from any contravention of the Act. Burton Contractors argued that the agreement did not adequately address certain conditions, such as pay rates and conditions, and contained provisions that were contrary to the Act.

After reviewing the evidence and arguments presented by both parties, the Commission found that the agreement was fair and reasonable. The Commission determined that the agreement provided appropriate minimum terms and conditions for employees, and that it was in their best interests. The Commission also found that there were no contraventions of the Act and that the agreement did not contain any unlawful terms. Therefore, the Commission approved the Enterprise Agreement 2023-2027, dismissing Burton Contractors' objections.

The Fair Work Commission approved the Burton Contractors Pty Ltd Enterprise Agreement 2023-2027, rejecting the company's objections. The Commission found that the agreement met the statutory requirements for approval, providing appropriate minimum terms and conditions for employees and being in their best interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established