Coastwide Civil Pty Ltd

[2014] FWCA 7872

FAIR WORK COMMISSION

DECISION

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

Coastwide Civil Pty Ltd
(AG2014/7526)

COASTWIDE CIVIL PTY LIMITED ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 NOVEMBER 2014

Application for approval of the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Coastwide Civil Pty Limited Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coastwide Civil Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 6 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Coastwide Civil Pty Ltd and a group of its employees. The dispute centred on the approval of an enterprise agreement, specifically the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement was made in accordance with the statutory obligations outlined in the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, whether it was in writing, and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to consider whether the agreement was made free from any prohibited content, such as terms that were discriminatory or otherwise unlawful.

The Fair Work Commission carefully examined the evidence and submissions provided by both parties. The Commission noted that the agreement had been negotiated in good faith and contained all the mandated minimum terms and conditions. The Commission also found that there were no prohibited contents in the agreement. Consequently, the Commission concluded that the enterprise agreement met all the necessary legal requirements and approved it. The decision was based on the Commission's finding that the agreement was fair and reasonable, and it would not have an adverse effect on the employees' terms and conditions of employment.

The Fair Work Commission's approval of the enterprise agreement resulted in it becoming legally binding on both Coastwide Civil Pty Ltd and its employees. The agreement, which covered the period from 2014 to 2018, would now form the basis of the employment terms and conditions for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established