DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castleross Construction Pty Ltd
(AG2019/4405)

CASTLEROSS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Castleross Construction Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Castleross Construction Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Castleross Construction 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 6 December 2019. The nominal expiry date of the Agreement is 31 October 2022

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Castleross Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The central issue was the application for approval of the Castleross Construction Pty Ltd Enterprise Agreement 2019. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning the fairness and coverage of the terms and conditions it proposed.

The legal issues the court had to address included whether the agreement provided for genuine bargaining, if the terms and conditions were fair and reasonable, and if the agreement covered all employees as required by the legislation. Furthermore, the court needed to consider if the agreement complied with the provisions of the Fair Work Act regarding minimum entitlements and if there were adequate provisions for the resolution of disputes.

In its reasoning, the Fair Work Commission considered the evidence provided by both parties, including the process of negotiation and the content of the agreement. The Commission found that the agreement had been genuinely bargained for, and the terms and conditions were fair and reasonable. The Commission noted that the agreement provided for minimum entitlements as mandated by the Fair Work Act and included provisions for the resolution of disputes. The Commission concluded that the agreement met all the necessary criteria for approval.

Consequently, the Fair Work Commission approved the Castleross Construction Pty Ltd Enterprise Agreement 2019. The agreement was deemed to be compliant with the Fair Work Act, and the terms and conditions it set out would apply to the employees covered by the agreement. This decision affirmed the agreement's validity and provided a framework for the relationship between the employer and the union going forward.

Castleross Construction 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