DECISION

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

Conquest Constructions (NSW) Pty Ltd
(AG2015/3474)

CONQUEST CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the Conquest Constructions Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known asthe Conquest Constructions Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conquest Construction (NSW) 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 16 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

Conquest Constructions (NSW) Pty Ltd recently applied for approval of its Enterprise Agreement 2015-2019 before the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented a number of the company’s employees. The union's primary contention was that the agreement did not meet the requirements of the Fair Work Act 2009, particularly in relation to the provisions on pay and conditions. The union argued that certain clauses in the agreement unfairly disadvantaged its members and did not provide for adequate protections in areas such as overtime, penalty rates, and shift penalties.

The central legal issues before the Commission were whether the provisions of the Enterprise Agreement complied with the Fair Work Act and whether the agreement had been made in good faith. The Commission had to consider whether the agreement met the "better off overall test," which requires that employees be no worse off financially than they would be under the applicable award or registered agreement. Additionally, the Commission needed to determine if the agreement was made without coercion and whether it contained all the mandatory terms prescribed by the Act.

In its decision, the Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits and protections for employees, including provisions for overtime, penalty rates, and shift penalties. While the union had argued that certain clauses were unfair, the Commission concluded that the overall terms of the agreement were fair and reasonable. The Commission also found that the agreement was made in good faith and met the better off overall test. As a result, the Commission approved the Enterprise Agreement 2015-2019.

The Commission's approval of the agreement means that it will now be the basis for employment conditions between Conquest Constructions (NSW) Pty Ltd and its employees for the duration of the agreement. The union has the right to appeal the decision, but no such appeal was lodged in this instance.

Conquest Constructions (NSW) 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