DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carsburg Earthmoving Pty Ltd
(AG2017/4933)

CARSBURG EARTHMOVING ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2018

Application for approval of the Carsburg Earthmoving Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Carsburg Earthmoving Enterprise Agreement 2017 (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 Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 April 2018 and, in accordance with s.54, will operate from 19 April 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

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 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009 for a valid enterprise agreement.

The central legal issues the Commission had to address were whether the agreement was genuinely a bargain between the employer and the employees, whether the agreement covered all relevant employees, and if it complied with the procedural requirements outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been properly negotiated and if there was evidence of genuine agreement from the employees.

The Fair Work Commission found that the agreement was genuinely a bargain between the employer and the employees, as it reflected the negotiation process and contained terms that were reasonable and in good faith. The Commission also confirmed that the agreement covered all relevant employees and that the necessary procedural requirements were met. The evidence showed that the agreement was negotiated in good faith and that there was genuine agreement from the employees, as demonstrated by the ballot process.

The Commission approved the Carsburg Earthmoving Enterprise Agreement 2017, confirming its validity under the Fair Work Act. The decision underscored the importance of procedural fairness and genuine negotiation in the formation of enterprise agreements.

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