DECISION

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

Eire Midland Constructions Pty Ltd T/A EMC Civil
(AG2014/8440)

EIRE MIDLAND CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Eire Midland Constructions Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Eire Midland Constructions Pty Ltd Enterprise Agreement 2014-2018 (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 (the Applicant). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission, in the matter of Eire Midland Constructions Pty Ltd trading as EMC Civil, heard an application for the approval of the Eire Midland Constructions Pty Ltd Enterprise Agreement 2014-2018. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The application was brought forth by the employer, Eire Midland Constructions Pty Ltd, who sought to have the agreement recognised and enforced as a valid enterprise agreement.

The key legal issues before the Commission involved determining whether the agreement had been made genuinely and fairly without any coercion, whether it met the requirements of the Fair Work Act in terms of coverage and content, and whether it complied with the procedural requirements for approval. The Commission had to assess if the agreement was made in good faith, if it provided for minimum terms and conditions of employment, and if it was made in accordance with the processes set out in the Act. Additionally, the Commission considered whether the agreement appropriately balanced the interests of the employees and the employer.

In its decision, the Fair Work Commission determined that the Enterprise Agreement 2014-2018 had been made genuinely and fairly, meeting all the statutory requirements for approval. The Commission found that the agreement provided for the minimum terms and conditions as stipulated by the Act and that it had been made in compliance with the procedural requirements. The Commission concluded that the agreement was balanced and appropriately considered the interests of both the employees and the employer. Consequently, the Commission approved the agreement.

The Commission's final order was that the Eire Midland Constructions Pty Ltd Enterprise Agreement 2014-2018 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the decision. This approval would allow the agreement to be registered and enforced, ensuring that the terms and conditions outlined therein would govern the employment relationship between the employer and the employees covered by the agreement.

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