Epoca Constructions Pty Ltd Summary

[2014] FWCA 4745

FAIR WORK COMMISSION

DECISION

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

Epoca Constructions Pty Ltd
(AG2014/1698)

EPOCA CENTRAL AND NORTHERN QUEENSLAND AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JULY 2014

Application for approval of the EPOCA Central and Northern Queensland Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 July 2014 by Epoca Constructions Pty Ltd for the approval of a single-enterprise agreement known as the EPOCA Central and Northern Queensland Agreement 2014(“the Agreement”).

[2] On 21 July 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Epoca Constructions Pty Ltd sought approval of the EPOCA Central and Northern Queensland Agreement 2014 in the Fair Work Commission. The dispute arose from an application by Epoca Constructions for a certificate of registration of the agreement, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it covered the appropriate bargaining units, and if it complied with procedural fairness and good faith. Additionally, the Commission had to consider if the agreement was in the best interests of the employees. The CFMEU argued that the agreement was not genuinely negotiated and did not cover the appropriate bargaining units.

The Commission found that the agreement was genuinely negotiated, appropriately covered the bargaining units, and complied with procedural fairness and good faith. It was also in the best interests of the employees. The Commission noted that there was evidence of genuine negotiation and that the agreement was in the employees' best interests due to its improved conditions. The application for approval of the agreement was ultimately successful.

The Fair Work Commission approved the EPOCA Central and Northern Queensland Agreement 2014, issuing a certificate of registration. The CFMEU's objections were dismissed, and the agreement was deemed compliant with the Fair Work Act 2009.

Epoca Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established