EIR Adelaide Pty Ltd Summary

[2024] FWCA 2546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

EIR Adelaide Pty Ltd

(AG2024/2382)

EIR ADELAIDE PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 JULY 2024

Application for approval of the EIR Adelaide Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the EIR Adelaide Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by EIR Adelaide Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 July 2024.

There is one National Employment Standard (NES) issue that requires comment:

· Clause 5.5 does not provide an entitlement to compassionate leave after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

Clause 1.5(c) of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with the NES.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, EIR Adelaide Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch, the applicant sought approval of the EIR Adelaide Pty Ltd/CFME South Australia Enterprise Agreement 2023. The dispute involved the terms and conditions of employment under the proposed agreement, particularly those concerning wages, conditions, and other employment matters. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for appropriate minimum rates of pay, allowances, and penalties that were no less favourable than the relevant industrial instrument. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy or that failed to meet the procedural requirements for enterprise agreements. The Commission also assessed whether the agreement had been made in good faith and whether the relevant bargaining representatives had acted appropriately in negotiating the terms.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the proposed agreement provided for appropriate minimum rates of pay and did not contain terms that were contrary to public policy. The Commission also found that the agreement had been made in good faith and that the bargaining representatives had acted appropriately. Accordingly, the Commission approved the EIR Adelaide Pty Ltd/CFME South Australia Enterprise Agreement 2023.

EIR Adelaide Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established