Eastcoast Development Engineering Pty Ltd Summary

[2013] FWCA 203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eastcoast Development Engineering Pty Ltd
(AG2012/13195)

EDE REGIONAL WORKS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 JANUARY 2013

Application for approval of the EDE Regional Works Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 December 2012 by Eastcoast Development Engineering Pty Ltd for the approval of a single-enterprise agreement known as the EDE Regional Works Enterprise Agreement 2012 (“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eastcoast Development Engineering Pty Ltd applied to the Fair Work Commission for approval of the EDE Regional Works Enterprise Agreement 2012. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees covered by the proposed agreement, which aimed to replace an existing agreement that had expired. The application was contested by a union representing some of the employees, who argued that the proposed agreement did not adequately protect employee interests.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 233 of the Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to assess whether the agreement contained all the prescribed minimum terms, whether it was made in good faith and without coercion, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement complied with the Good Faith Bargaining provisions of the Act.

The Commission found that the proposed agreement met the requirements of the Act and provided for fair and reasonable terms and conditions of employment. The Commission held that the agreement contained all the prescribed minimum terms and was made in good faith and without coercion. The Commission also found that the agreement complied with the Good Faith Bargaining provisions of the Act. The Commission approved the proposed agreement, subject to certain modifications to address the union's concerns. The modifications related to provisions concerning shift penalties, leave entitlements, and the resolution of disputes.

The Commission made an order approving the EDE Regional Works Enterprise Agreement 2012, subject to the modifications made by the Commission. The order also included provisions for the agreement to be registered with the Fair Work Commission and for the agreement to be brought into effect on a specified date. The union's objections to the approval of the agreement were dismissed.

Eastcoast Development Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established