DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carsburg Earthmoving Pty Ltd
(AG2020/4079)

CARSBURG EARTHMOVING ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of the Carsburg Earthmoving Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Carsburg Earthmoving Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carsburg Earthmoving Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carsburg Earthmoving Pty Ltd applied to the Fair Work Commission for approval of the Carsburg Earthmoving Enterprise Agreement 2020. The applicant sought an enterprise agreement covering employees of the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement satisfied the requirements of the Fair Work Act, including whether the agreement was made in good faith and whether it provided for the protection of employees' interests. The Commission also needed to assess whether the agreement met the requirements for "single interest" enterprise agreements and whether it complied with the "better off overall test". The Commission examined whether the agreement provided employees with conditions that were at least as good as the relevant award or applicable industrial instrument.

The Commission found that the agreement was made in good faith and provided for the protection of employees' interests. The agreement was deemed to be a "single interest" enterprise agreement, as it covered all employees of the company. The Commission concluded that the agreement met the "better off overall test", as employees would be better off with the agreement than without it. The Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Carsburg Earthmoving Enterprise Agreement 2020. The agreement now provides the terms and conditions of employment for the employees of Carsburg Earthmoving Pty Ltd. The approval of the agreement means that it will be registered with the Fair Work Commission and will have the force of an industrial instrument. The agreement will remain in effect until it is varied or terminated in accordance with the Fair Work Act.

Carsburg Earthmoving 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