DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D B Cunningham Pty Ltd T/A Advanteering Civil Engineers
(AG2015/4416)

ADVANTEERING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Advanteering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Advanteering Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D B Cunningham Pty Ltd T/A Advanteering Civil Engineers. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 11 September 2015. The nominal expiry date of the Agreement is 3 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cunningham, trading as Advanteering Civil Engineers, applied for the approval of the Advanteering Enterprise Agreement 2015. The applicant sought to have the agreement certified as a single-enterprise agreement, applicable to employees who are not members of a union. The application arose from a dispute between the company and its employees regarding the terms and conditions of their employment.

The legal issues before the Commission involved whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith, and whether it provided for the proper classification and remuneration of employees. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and whether it met the criteria for being a single-enterprise agreement.

The Commission found that the agreement was made in good faith and provided for the proper classification and remuneration of employees. It also found that the agreement was a single-enterprise agreement, as it was applicable to all employees of the company and covered all employees within a particular class or group. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it met the criteria for being a single-enterprise agreement. Accordingly, the Commission approved the Advanteering Enterprise Agreement 2015.

The Commission certified the agreement as a single-enterprise agreement, effective from the date of the application. The agreement was to apply to all employees of the company who were not members of a union, and was to remain in force until 30 June 2018. The Commission also made orders for the agreement to be published and notified to relevant parties, and for the agreement to be registered with the Fair Work Commission.

D B Cunningham Pty Ltd T/A Advanteering Civil Engineers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established