DECISION

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

Canavan Building Pty Ltd
(AG2014/10258)

CANAVAN BUILDING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 MARCH 2015

Application for approval of the Canavan Building Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Canavan Building Pty Ltd Enterprise 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 Canavan Building Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 19 February 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 of the Agreement is 3 March 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Canavan Building Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The respondent, United Voice NSW, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the relevant provisions of the Act and if it was in the best interests of the employees.

The Commission considered whether the agreement had been made in good faith and whether it contained the appropriate minimum terms and conditions as required by the Act. The Commission also examined the process by which the agreement was made and whether the appropriate procedures were followed. The Commission concluded that the agreement was made in good faith and that it contained the appropriate minimum terms and conditions. The Commission also found that the appropriate procedures were followed in the making of the agreement.

The Commission approved the Canavan Building Pty Ltd Enterprise Agreement 2014, finding that it complied with the requirements of the Act and was in the best interests of the employees. The Commission found that the agreement was fair and reasonable and provided for appropriate mechanisms for resolving disputes. The Commission also found that the agreement provided for appropriate protections for employees and that it did not undermine the protection afforded by the safety net of minimum terms and conditions. The Commission approved the agreement on the basis that it met the requirements of the Act and was in the best interests of the employees.

Canavan Building 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