DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conquest Constructions (NSW) Pty Ltd
(AG2019/4536)

CONQUEST CONSTRUCTIONS (NSW) PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Conquest Constructions (NSW) Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Conquest Constructions (NSW) Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conquest Constructions (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Noting clause 3.4.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[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 4 December 2019 and, in accordance with s.54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 3 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved a dispute between Conquest Constructions (NSW) Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The parties sought approval of the Enterprise Agreement 2019 - 2023 from the Fair Work Commission. The dispute was heard in the Fair Work Commission. The central legal issue before the Fair Work Commission was whether the Enterprise Agreement 2019 - 2023 met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided overall benefits to the employees that outweighed any detriments.

The Fair Work Commission examined the terms of the agreement, including wages, conditions, and other employment-related provisions. The Commission assessed whether the proposed changes would result in a net benefit to the employees. It considered the impact of the agreement on the employees' overall remuneration package and whether the changes were fair and reasonable. The Commission also evaluated the parties' bargaining positions, the negotiation process, and the agreement's compliance with relevant laws and standards. After careful consideration, the Fair Work Commission found that the Enterprise Agreement 2019 - 2023 met the BOOT criteria. The Commission concluded that the agreement provided overall benefits to the employees, including improved wages, conditions, and other employment-related provisions. The Commission approved the agreement, finding that it was a fair and reasonable agreement that met the requirements of the Fair Work Act 2009.

As a result of the Fair Work Commission's decision, the Enterprise Agreement 2019 - 2023 was approved and became legally binding on both parties. The agreement now governs the employment terms and conditions of the employees represented by the CFMEU under the auspices of Conquest Constructions (NSW) Pty Ltd. The Fair Work Commission's decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is fair and in compliance with relevant laws and standards.

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