DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eire Constructions Pty Ltd
(AG2019/301)

EIRE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Eire Constructions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eire Constructions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eire Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Eire Constructions Pty Ltd applied for the approval of the Enterprise Agreement 2019, which was intended to govern the terms and conditions of employment for its employees. The applicant, Eire Constructions Pty Ltd, is a company involved in the construction industry, and the dispute centred on the fairness and compliance of the proposed agreement with the applicable industrial laws. The Commission, as the body responsible for ensuring that enterprise agreements are made fairly and comply with the law, was tasked with assessing whether the agreement met the necessary criteria.

The primary legal issue before the Commission was whether the agreement was procedurally and substantively compliant with the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, free from any form of coercion, and whether it met the "better off overall test," which requires that employees be no worse off financially by being covered by the agreement. Additionally, the Commission had to consider whether the agreement complied with the "public interest test," ensuring it did not undermine the broader public interest in terms of industrial relations or economic stability.

After reviewing the evidence and submissions from both parties, the Commission found that the Enterprise Agreement 2019 was procedurally valid and met the necessary criteria for approval. The Commission determined that the agreement was made in good faith, without any form of coercion, and that it satisfied the better off overall test. Furthermore, the agreement did not contravene the public interest test. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the applicable laws.

The Fair Work Commission ordered that the Eire Constructions Pty Ltd Enterprise Agreement 2019 be approved and registered, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will govern the employment relationship between the company and its employees, subject to the provisions of the Fair Work Act 2009.

Eire Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established