DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastwide Civil Pty Limited
(AG2019/137)

COASTWIDE CIVIL PTY LIMITED ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2019

Application for approval of the Coastwide Civil Pty Limited Enterprise Agreement 2019-2023

[1] Coastwide Civil Pty Limited has made an application for approval of an enterprise agreement known as the Coastwide Civil Pty Limited Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[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 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 22 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coastwide Civil Pty Limited recently appeared before the Fair Work Commission, which was asked to approve the Enterprise Agreement between the company and its employees for the period 2019-2023. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant statutory provisions and if it was fair and reasonable in all circumstances.

The legal issues before the Fair Work Commission centred on the adequacy and fairness of the proposed agreement, specifically in terms of its compliance with the Fair Work Act 2009. The Commission needed to assess whether the agreement met the requirements for being a "modern award" and whether it contained appropriate provisions for the protection of employees' rights and interests. Furthermore, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, hours of work, and other employment-related matters.

The Fair Work Commission, after careful consideration of the arguments and evidence presented by both parties, determined that the Enterprise Agreement was compliant with the statutory requirements and was fair and reasonable. The Commission found that the agreement contained appropriate provisions for the protection of employees' rights and interests and provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Enterprise Agreement between Coastwide Civil Pty Limited and its employees for the period 2019-2023.

The Fair Work Commission's decision was based on its assessment of the evidence and arguments presented by both parties, as well as its consideration of relevant legal principles and precedents. The Commission's approval of the Enterprise Agreement signifies its belief that the agreement is fair and reasonable and meets the requirements of the Fair Work Act 2009.

Coastwide Civil Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established