DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drapers Civil Contracting Pty Ltd
(AG2015/3023)

DRAPER’S CIVIL CONTRACTING ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 24 JUNE 2015

Application for approval of the Draper’s Civil Contracting Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Draper's Civil Contracting Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drapers Civil Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 24 June 2015 and, in accordance with s.54, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Drapers Civil Contracting Pty Ltd, sought approval of an enterprise agreement for the period 2015-2018. The respondents included various unions representing employees of the company. The dispute was brought before the Fair Work Commission (FWC). The central legal issue was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in good faith, if it contained the necessary minimum terms, and if it had been appropriately certified.

The FWC held that the enterprise agreement was made in good faith and contained the minimum terms required by the Act. The court also found that the agreement had been appropriately certified by the relevant authority. The applicant had provided evidence that the agreement had been negotiated with the unions and that it had been accepted by a majority of the employees. The FWC emphasised the importance of the good faith requirement and noted that while the applicant had satisfied this, there were some concerns about the process of consultation and negotiation. However, these concerns did not undermine the overall conclusion that the agreement had been made in good faith. The court also noted that the agreement contained all the necessary minimum terms and was therefore compliant with the statutory requirements.

In conclusion, the FWC approved the enterprise agreement. The court found that the agreement met all the statutory requirements for approval and that it had been made in good faith. The applicant was granted the approval it had sought, allowing the enterprise agreement to be registered and enforced. The unions and the employees of Drapers Civil Contracting Pty Ltd now have the terms and conditions of employment set out in the agreement.

Drapers Civil Contracting 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