DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engage Us Pty Ltd T/A Engage
(AG2018/3259)

ENGAGE CONSTRUCTION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Engage Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Engage Construction Enterprise Agreement 2018 (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 T/A Engage. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Engage Us Pty Ltd, trading as Engage, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the application for approval of the Engage Construction Enterprise Agreement 2018. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the proper classification of employees, reasonable terms and conditions, and if it had been genuinely negotiated. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees.

In examining the agreement, the Commission took into account the evidence provided by both parties and the relevant legislative framework. The Commission noted that Engage Us Pty Ltd had demonstrated that the agreement was the product of genuine negotiations and was in the best interests of the employees. It also found that the agreement provided for the proper classification of employees and contained reasonable terms and conditions. Consequently, the Commission approved the Engage Construction Enterprise Agreement 2018.

The Fair Work Commission approved the Engage Construction Enterprise Agreement 2018, confirming its compliance with the requirements of the Fair Work Act 2009. This decision provides certainty for both Engage Us Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union in relation to the terms and conditions of employment covered by the agreement.

Engage Us Pty Ltd T/A Engage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established