DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castleross Construction Pty Ltd
(AG2016/6922)

CASTLEROSS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Castleross Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Castleross Construction Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Castleross Construction 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application for the approval of the Castleross Construction Pty Ltd Enterprise Agreement 2016, which was put forward by the applicant, Castleross Construction Pty Ltd. The dispute centred on the terms of the enterprise agreement, particularly those relating to the classification and remuneration of employees within the company. The matter was heard in the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009.

The legal issues before the Commission included whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act, specifically sections concerning the proper classification of employees and fair remuneration. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain terms did not meet the statutory requirements.

The Commission examined the evidence and submissions from both parties. It considered whether the agreement was appropriately negotiated and whether it provided for a fair and efficient workplace. The Commission found that the agreement was made in good faith and that it met the requirements of the Act. The Commission noted that the classification and remuneration terms were reasonable and appropriate, taking into account the nature of the work and industry standards. The Commission concluded that the agreement was fair and should be approved.

The Fair Work Commission approved the Castleross Construction Pty Ltd Enterprise Agreement 2016. The agreement was found to comply with the statutory requirements and to provide for a fair and efficient workplace. The terms concerning employee classification and remuneration were deemed reasonable, and the agreement was approved as a registered agreement under the Fair Work Act.

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