DECISION

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

Engage Us Pty Ltd
(AG2015/3465)

ENGAGE CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2015

Application for approval of the Engage Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Engage Construction Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Us 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 Fair Work Commission (FWC) received correspondence dated 30 September 2015, 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).

[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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Engage Us Pty Ltd, the applicant sought approval of the Engage Construction Enterprise Agreement 2015 under the Fair Work Act 2009. The applicant argued that the agreement should be certified as meeting the requirements of the act, given that it had been negotiated in good faith and represented a fair and reasonable agreement for the employees covered by it. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be approved and registered.

The legal issues that arose in this case centred on the interpretation and application of the Fair Work Act 2009, specifically in relation to the requirements for the approval and registration of an enterprise agreement. The key issue was whether the applicant had demonstrated that the agreement had been negotiated in good faith and was fair and reasonable. Additionally, the court had to consider whether the agreement complied with the procedural and substantive requirements set out in the act, such as ensuring that it provided for minimum terms and conditions for the employees, and that it did not discriminate against any particular group of employees.

The Fair Work Commission found that the applicant had met the necessary criteria for the approval of the agreement. The commission noted that the agreement had been negotiated in good faith, and that it provided for fair and reasonable terms and conditions for the employees. Furthermore, the commission found that the agreement complied with the requirements of the Fair Work Act 2009, and that it did not contain any discriminatory provisions. Based on these findings, the commission approved the Engage Construction Enterprise Agreement 2015 and ordered that it be registered with the Fair Work Ombudsman.

In summary, the Fair Work Commission approved the Engage Construction Enterprise Agreement 2015, finding that it met the necessary criteria for certification under the Fair Work Act 2009. The commission determined that the agreement had been negotiated in good faith, and that it provided for fair and reasonable terms and conditions for the employees. The agreement was registered with the Fair Work Ombudsman, and the applicant's application for approval was successful.

Engage Us 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