DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bushland Grove Pty Ltd
(AG2015/4278)

BUSHLAND GROVE PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2015

Application for approval of the Bushland Grove Pty Ltd Civil Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bushland Grove Pty Ltd Civil Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bushland Grove Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 17 August 2015 and, in accordance with s.54, will operate from 24 August 2015. The nominal expiry date of the Agreement is 30 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bushland Grove Pty Ltd, the Fair Work Commission (FWC) was called upon to approve a proposed enterprise agreement. The dispute involved the Bushland Grove Pty Ltd Civil Construction Enterprise Agreement 2015. The Australian Building Construction Commission (ABCC) had raised objections to the agreement, which prompted the need for FWC to review and decide on its validity and fairness.

The primary legal issues that the FWC had to address included whether the agreement met the requirements of the Fair Work Act 2009 (Cth), specifically whether it provided for the proper representation of employees and whether it contained unfair terms. The FWC also had to consider whether the agreement would result in employees being worse off overall compared to their previous conditions.

In its decision, the FWC found that the agreement was generally fair and balanced, taking into account the interests of both the employer and the employees. The FWC noted that the agreement included provisions for the representation of employees and addressed various employment conditions. While the ABCC had raised concerns about certain clauses, the FWC concluded that the overall agreement did not disadvantage employees. The FWC was satisfied that the agreement did not result in employees being worse off overall and approved the agreement as fair and reasonable.

The FWC's approval of the Bushland Grove Pty Ltd Civil Construction Enterprise Agreement 2015 means that the agreement can now be implemented. The decision affirms the importance of balancing the interests of both employers and employees in enterprise agreements, while ensuring that employees are not disadvantaged in any way.

Bushland Grove 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