DECISION

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

Civil Tec Pty Ltd T/A Instant Screw Piling
(AG2015/193)

INSTANT SCREW PILING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 FEBRUARY 2015

Application for approval of the Instant Screw Piling Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 February 2015 by Civil Tec Pty Ltd T/A Instant Screw Piling for the approval of a single-enterprise agreement known as the Instant Screw Piling Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] On 23 February 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[4] In light of the Employer’s undertaking, 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.

[5] 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

Civil Tec Pty Ltd, trading as Instant Screw Piling, applied to the Fair Work Commission for approval of the Instant Screw Piling Enterprise Agreement 2014. The applicant was an enterprise that employed a number of workers who were party to the agreement. The Fair Work Commission was required to decide whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues for determination involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the various requirements set out in the Fair Work Act. The court had to consider whether the agreement contained all the mandated terms, whether it was negotiated fairly, and whether it complied with the process requirements for approval.

The Fair Work Commission found that the agreement did indeed meet the necessary standards for approval. The agreement was deemed to be fair and reasonable, and it contained all the required terms. The negotiation process was also found to be fair, and the agreement was compliant with the statutory requirements. Consequently, the court approved the agreement for registration.

The final orders of the court were that the Instant Screw Piling Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement would then apply to the employees covered by it, providing them with the terms and conditions of employment as outlined in the approved agreement.

Civil Tec Pty Ltd T/A Instant Screw Piling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established