Eire Midland Constructions Pty Ltd

[2023] FWCA 1906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eire Midland Constructions Pty Ltd

(AG2023/1922)

EIRE MIDLAND CONSTRUCTIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 27 JUNE 2023

Application for approval of the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2023-2027.

An application has been made for approval of an enterprise agreement known as the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eire Midland Constructions Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 4 July 2023. The nominal expiry date of the Agreement is 26 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2023-2027. The application for approval was brought by the employer, Eire Midland Constructions Pty Ltd, under section 234 of the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the legal requirements for enterprise agreements and if it met the 'better off overall test' for employees.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act and whether it ensured that employees would be no worse off financially and had some additional benefits when compared to the applicable awards or previous agreements. The Commission also needed to consider if the agreement had been genuinely negotiated and if the process adhered to legal standards.

In its decision, the Commission examined each provision of the agreement to ensure compliance with the Act's mandatory terms. The Commission found that the agreement contained all necessary provisions and that employees would not be worse off overall, meeting the 'better off overall test'. The process of negotiation was deemed genuine, as evidenced by the documentation and testimonies provided. As a result, the Commission approved the agreement, finding it met all legal requirements.

The final orders of the Commission were that the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2023-2027 be approved as a registered agreement under the Fair Work Act. This decision allows the agreement to be in effect for the specified period, providing a legally binding framework for the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established