Carruthers Contracting Summary

[2013] FWCA 9999

FAIR WORK COMMISSION

DECISION

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

Carruthers Contracting
(AG2013/11958)

CARRUTHERS CONTRACTING UPSTREAM PROJECTS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 DECEMBER 2013

Application for approval of the Carruthers Contracting Upstream Projects Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 December 2013 by Carruthers Contracting for the approval of a single-enterprise agreement known as the Carruthers Contracting Upstream Projects Enterprise Agreement (“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Carruthers Contracting, sought approval of the Carruthers Contracting Upstream Projects Enterprise Agreement, which was to govern the employment terms and conditions of certain employees in the upstream projects division. The respondents, comprising various unions and employee representatives, contested the application, raising issues regarding the fairness and compliance of the proposed agreement with the relevant legislative framework.

The primary legal issues before the court involved the fairness of the agreement's terms and conditions, particularly concerning wages, working hours, and other employment conditions. The court needed to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, ensuring it did not adversely affect the employees’ terms and conditions of employment. This included assessing whether the agreement provided for fair and reasonable terms, and whether it complied with the provisions aimed at protecting employees from adverse effects.

The court undertook a detailed examination of the proposed agreement, considering the submissions from both parties and the relevant legislative provisions. It found that the agreement provided for fair and reasonable terms and conditions, which did not adversely affect the employees. The court concluded that the agreement met the necessary statutory requirements and approved the application for the agreement’s registration. The unions and employee representatives’ objections were dismissed, and the agreement was registered under the Fair Work Act.

In light of the court's findings, the final orders included the approval and registration of the Carruthers Contracting Upstream Projects Enterprise Agreement. The agreement was to take effect from the date of registration and apply to the relevant employees in the upstream projects division. The unions and employee representatives were directed to inform their members of the decision and the terms of the registered agreement.

Carruthers Contracting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established