Eire Civil & Mining Pty Ltd

[2014] FWCA 2183

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Eire Civil & Mining Pty Ltd
(AG2014/3559)
EIRE CIVIL & MINING ENTERPRISE AGREEMENT
Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2014
Application for approval of the Eire Civil & Mining Enterprise Agreement.

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

Eire Civil & Mining Enterprise Agreement (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached

to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant

to this application for approval have been met.

[4] The Agreement is approved and will operate from 10 April 2014. The nominal expiry

date of the Agreement is 4 years from the date of approval.

COMMISSIONER

[2014] FWCA 2183

Undertakings

[2014] FWCA 2183

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Eire Civil & Mining Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Eire Civil & Mining Pty Ltd and its employees. The agreement, known as the Eire Civil & Mining Enterprise Agreement, was to be approved under section 185 of the Fair Work Act 2009. The applicant, Eire Civil & Mining Pty Ltd, provided undertakings as required by the Act, which were attached to the decision and the back of the agreement.

The legal issues before the Commission were whether the enterprise agreement met the requirements of sections 186 and 187 of the Fair Work Act 2009. The Commission had to consider whether the agreement complied with the relevant provisions of the Act, including whether it contained the necessary terms and conditions for the employees covered by the agreement.

The Fair Work Commission found that the agreement met all the necessary requirements of the Act. The Commission was satisfied that the agreement contained the appropriate terms and conditions for the employees covered by the agreement, and that it complied with all the relevant provisions of the Fair Work Act 2009. The agreement was approved, and it was set to operate from 10 April 2014. The nominal expiry date of the Agreement was set at 4 years from the date of approval.

The final orders of the Fair Work Commission were that the Eire Civil & Mining Enterprise Agreement was approved and would operate from 10 April 2014, with a nominal expiry date of 4 years from the date of approval. The Commission was satisfied that the agreement met all the necessary requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established