Eifers Civil Pty Ltd Summary

[2022] FWCA 1086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Eifers Civil Pty Ltd

(AG2022/181)

Eifers Group Enterprise Agreement 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 28 MARCH 2022

Application for approval of the Eifers Group Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the Eifers Group Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eifers Civil Group Pty Ltd. The Agreement is a multi-enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 28 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Eifers Civil Pty Ltd applied to the Fair Work Commission for approval of the Eifers Group Enterprise Agreement 2021-2025. The dispute arose from a disagreement between the employer and the union over the terms and conditions of employment within the company. The Fair Work Commission, as the relevant tribunal, was tasked with reviewing the agreement to ensure it met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions, ensured fair and efficient workplace relations, and adhered to the relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it provided for a proper process for resolving disputes.

In delivering its decision, the Commission examined the terms of the agreement in detail. It found that the agreement contained provisions that met the statutory requirements, including those for minimum wages, hours of work, and other employment conditions. The Commission also considered evidence regarding the good faith of the parties and the processes for dispute resolution. Ultimately, the Commission was satisfied that the agreement was fair and appropriate, and approved it accordingly. The decision highlighted the importance of ensuring that enterprise agreements provide for adequate terms and conditions and that they are made in good faith. The Commission's approval of the agreement provides clarity for both the employer and the union moving forward.

Eifers Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established