DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cut & Fill Pty Ltd
(AG2014/10947)

CUT & FHI PTY LTD / AUSTRALIAN WORKERS UNION, CIVIL CONSTRUCTION (VICINSW/ACT) AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 FEBRUARY 2015

Application for approval of the Cut & Fill Pty Ltd / Australian Workers Union, Civil Construction (VIC/NSW/ACT) Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cut & Fill Pty Ltd / Australian Workers Union, Civil Construction (VIC/NSW/ACT) Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cut & Fill Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Cut & Fill Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Cut & Fill Pty Ltd sought approval of an enterprise agreement with the Australian Workers Union, Civil Construction (VIC/NSW/ACT). The agreement, dated 2014-2017, aimed to regulate the terms and conditions of employment for employees within the civil construction industry in Victoria, New South Wales, and the Australian Capital Territory. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements be approved by a court if certain procedural requirements are satisfied.

The legal issues central to this case included whether the application complied with the procedural requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the application was properly made, if the agreement was fairly negotiated, and whether the agreement met the statutory criteria for approval. Additionally, the court had to consider whether the agreement would result in a detriment to the employees if it were to be approved.

The court found that the application met the procedural requirements for approval under the Fair Work Act 2009. The agreement had been fairly negotiated, and it was consistent with the statutory criteria for enterprise agreements. The court noted that the agreement provided for fair terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The court concluded that the agreement would not result in a detriment to the employees, as it provided for fair and reasonable terms. Consequently, the court approved the enterprise agreement, allowing it to come into effect as of the date of the court's order.

Cut & Fill Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established