DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Contractors Pty Ltd t/a Canberra Contractors
(AG2016/311)

CANBERRA CONTRACTORS PTY LIMITED AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 15 MARCH 2016

Application for approval of the Canberra Contractors Pty Limited and Employees Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Contractors Pty Limited and Employees Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Contractors Pty Ltd t/a Canberra Contractors. The Agreement is a single enterprise agreement.

[2] 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 22 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Canberra Contractors Pty Ltd, trading as Canberra Contractors, sought approval of the Canberra Contractors Pty Limited and Employees Enterprise Agreement 2016-2019. The applicant was represented by Mr. J. Smith, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, was represented by Mr. A. Brown. The crux of the dispute revolved around the terms and conditions of the proposed enterprise agreement, specifically regarding wage rates, working hours, and other employment provisions.

The legal issues before the Commission included whether the terms of the agreement were procedurally and substantively fair, and whether the agreement met the requirements set out in the Fair Work Act 2009. The Commission had to consider if the agreement provided for appropriate mechanisms for resolving disputes and if it ensured that employees were not disadvantaged in terms of their wages and conditions compared to those who were not covered by the agreement.

After reviewing submissions and evidence from both parties, the Fair Work Commission found that the agreement was fair and meet the necessary legal standards. The Commission was satisfied that the agreement provided for adequate dispute resolution mechanisms and that the terms were fair and reasonable in all respects. The Commission approved the application, acknowledging the negotiations and compromises made by both parties in reaching the agreement. The final orders included the approval of the enterprise agreement, which will now be binding on the parties for the specified period.

Canberra Contractors Pty Ltd t/a Canberra Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established