DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Empire Contracting Pty Ltd T/A Empire Contracting
(AG2017/658)

EMPIRE CONTRACTING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2017

Application for approval of the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Empire Contracting Pty Ltd T/A Empire Contracting. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 19 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Empire Contracting Pty Ltd, trading as Empire Contracting, sought approval for its employees' enterprise agreement for the period 2017-2021. The Fair Work Commission (FWC) was tasked with reviewing and approving this agreement. The dispute involved considerations around whether the agreement met the necessary requirements under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while no objections were formally raised by other parties. The Commission's role was to ensure that the agreement was properly made and satisfied all legal criteria for approval.

The legal issues before the Commission included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, particularly concerning the process of bargaining and the contents of the agreement. The Commission had to determine if there was genuine bargaining between the parties, if the agreement covered all mandatory topics, and whether it adhered to the procedural fairness and good faith obligations. Additionally, the Commission assessed if the agreement met the criteria for being considered "in the public interest."

The Fair Work Commission found that the agreement had been made through genuine bargaining and covered all mandatory topics. It was satisfied that the process of making the agreement met the procedural fairness and good faith obligations. The Commission concluded that the agreement was fair and reasonable and met the criteria for being considered in the public interest. Therefore, the Commission approved the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021.

Empire Contracting Pty Ltd T/A Empire Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established