DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Earthquake Civil Pty Ltd
(AG2015/6581)

EARTHQUAKE CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the Earthquake Civil Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Earthquake Civil 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 Earthquake Civil 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.

[3] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 16 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Earthquake Civil Pty Ltd was the subject of an application for approval of the Earthquake Civil Enterprise Agreement 2015. The application was made to the Fair Work Commission by the Australian Building and Construction Commission (ABCC). The nature of the dispute was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is the body with jurisdiction over matters concerning industrial relations and employment law in Australia.

The legal issues that the court needed to address were whether the agreement was in accordance with the provisions of the Fair Work Act 2009 and whether it met the requirements for approval under the Act. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms of employment, whether it had been negotiated in good faith, and whether it included provisions for the protection of employees' rights. The court also had to determine whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The court considered the arguments of both parties and examined the provisions of the Enterprise Agreement. The court found that the agreement met the necessary requirements for approval under the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms of employment and included provisions for the protection of employees' rights. The court also found that the agreement had been negotiated in good faith and was likely to promote harmonious, productive, and cooperative workplace relations. As a result, the court approved the Enterprise Agreement.

The Fair Work Commission approved the Earthquake Civil Enterprise Agreement 2015, finding that it met the necessary requirements for approval under the Fair Work Act 2009. The court's decision was based on its finding that the agreement provided for fair and reasonable terms of employment, included provisions for the protection of employees' rights, and was likely to promote harmonious, productive, and cooperative workplace relations. The approval of the agreement ensures that the terms and conditions of employment for employees of Earthquake Civil Pty Ltd are fair and reasonable, and that their rights are protected.

Earthquake Civil Pty Ltd

DECISION

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