DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busby Contracting Pty Ltd
(AG2016/1172)

BUSBY CONTRACTING PTY LTD DUGALD RIVER PROJECT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Busby Contracting Pty Ltd Dugald River Project Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Busby Contracting Pty Ltd Dugald River Project Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busby Contracting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement contained a minor error at clause 40(b)(iv). Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Busby Contracting Pty Ltd applied for approval of the Busby Contracting Pty Ltd Dugald River Project Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The dispute centred around the validity and compliance of the enterprise agreement with the Fair Work Act 2009.

The key legal issues the Commission had to decide were whether the agreement was genuinely a bargain between the employer and employees, and whether the agreement was made in accordance with the procedures set out in the Fair Work Act. Additionally, the Commission examined whether the agreement complied with the requirements for coverage, terms, and conditions as stipulated in the Act.

In examining the application, the Commission considered evidence on the process of agreement formation, the extent of employee consultation, and the content of the agreement itself. It was found that the agreement was indeed the result of genuine bargaining between the parties and was made following the correct procedures. Furthermore, the agreement was found to comply with the Act's requirements concerning coverage and the terms and conditions it contained.

Consequently, the Commission approved the Busby Contracting Pty Ltd Dugald River Project Enterprise Agreement 2016, confirming its validity and compliance with the Fair Work Act. This decision enables the agreement to be registered with the Fair Work Ombudsman, making it legally enforceable between the parties involved.

Busby Contracting 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