DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eire Midland Constructions Pty Ltd T/A EMC Civil
(AG2019/397)

EIRE MIDLAND CONSTRUCTIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022 (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 t/a EMC Civil. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 13 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022. The applicant, Eire Midland Constructions Pty Ltd, sought the commission’s approval of the proposed enterprise agreement, which was intended to cover its employees. The dispute arose from objections to the agreement by certain employees, which necessitated the application to be heard by the commission.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement met the requirements for an enterprise agreement under section 230 of the act. This involved assessing whether the agreement contained all the prescribed terms, was made in good faith, and whether any provisions were contrary to public policy or otherwise unlawful.

After considering the evidence and submissions presented by both parties, the commission found that the proposed agreement substantially complied with the requirements of the act. The commission noted that while there were some minor technical issues with the agreement, these did not detract from its overall compliance. The commission was satisfied that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or unlawful. Consequently, the commission approved the Eire Midland Constructions Pty Ltd and Employees Enterprise Agreement 2018-2022.

As a result of the commission’s decision, the agreement was approved and is now legally binding on the parties involved. The final orders of the commission included the approval of the agreement, subject to the minor technical issues being rectified within a specified timeframe.

Eire Midland Constructions Pty Ltd T/A EMC Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established